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Re: Versa trashes the GPL as well

From: Hyman Rosen
Subject: Re: Versa trashes the GPL as well
Date: Tue, 04 May 2010 16:07:39 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 3/9/2010 9:11 AM, RJack wrote:
Uhhh. What's "abnormal" copyright infringement?

When there are other defenses possible under federal law,
such as fair use or time shifting or reverse engineering.
Normal copyright infringement is simply unauthorized
copying and distribution with nothing else involved.

Uhhh. Do you mean the preempted "covenants" that you incorrectly
refer to as "conditons"? Preempted is preempted. What do conditions
have to do with anything?

GPL cases involve simple copyright infringement caused
by copying and distributing without adhering to the
conditions of the license. There is no preemption
involved, because preemption merely states that all
copyright comes from federal law, and it is federal
law which disallows copying and distribution without
permission. The conditions of the GPL are conditions,
just as the conditions of the Artistic License are
    The Artistic License states on its face that the
    document creates conditions: "The intent of this
    document is to state the _conditions_ under which
    a Package may be copied." (Emphasis added.) The
    Artistic License also uses the traditional language
    of conditions by noting that the rights to copy,
    modify, and distribute are granted "provided that"
    the conditions are met. Under California contract
    law, "provided that" typically denotes a condition.

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