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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:1.9.1.5) 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
conditions:
<http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
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.
- Re: Versa trashes the GPL as well, (continued)
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- Re: Versa trashes the GPL as well, David Kastrup, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- Re: Versa trashes the GPL as well,
Hyman Rosen <=
- Re: Versa trashes the GPL as well, Alexander Terekhov, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, Chris Ahlstrom, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- [GPL in court] Humax asserts copyright misuses and bad faith defenses, Alexander Terekhov, 2010/05/04
- Re: [GPL in court] Humax asserts copyright misuses and bad faith defenses, David Kastrup, 2010/05/04
Re: SFLC is SOL, Alexander Terekhov, 2010/05/04