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From: Hyman Rosen
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:09:10 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 3/16/2010 2:43 PM, Alexander Terekhov wrote:
The "unadorned" copyright doesn't not put restrictions on terms and
conditions of licensing of the new copyright in a derivative work (which
is exclusive rights and which belongs to the author of derivative work)
"to all third parties" thereby creating a right against the world
governed under state law of contract akin to the GPL.

"Doesn't not"?

Anyway, you fail to understand copyright law, as usual. A
derivative work contains the original work with copyright
held by the original author and new work with copyright
held by the deriving author, provided that the derivative
work was created with permission from the original author.
Since the work contains material with rights held by more
than one author, it may be copied and distributed only by
permission from both authors. The creator of a derivative
work cannot copy and distribute without permission from the
original author, by unadorned copyright law. The GPL thus
grants extended permissions beyond what unadorned copyright
law would permit.

In the EU terms, that's article 81:

Typical irrelevancy. Daniel Wallace already miserably failed
with his antitrust and restraint of trade arguments against
the GPL, and EU courts will laugh such claims out just as US
courts did.

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