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Re: Recommendation for a CL data structures library


From: David Kastrup
Subject: Re: Recommendation for a CL data structures library
Date: Tue, 04 May 2010 16:12:20 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

RJack <user@example.net> writes:

> As a delusional GPL advocate you choose to deliberately ignore the
> plain consequences of U.S. Copyright law.

"delusional" and "deliberately" are not quite compatible.

> The GPL is preempted by 17 USC sec.  301, it is unenforceable under
> contract law and is a misuse of copyright.

Now _that_ is at its surface delusional, but likely a deliberate
utterance of a mixture of nonsense, non-sequiturs and half-truths.

The GPL is not preempted by any law, since a law can't "preempt" a
permission.  It _is_ unenforceable and states so itself: the licensee
_retains_ the option to use it or ignore it, at will.  However,
_copyright_ is enforceable under _state_ law.  If you want to make use
of the GPL in order _not_ to be liable to state law for certain uses of
the copyrighted material, you have to adhere to the conditions of the
GPL.  In that case, your compliance with the GPL's conditions will be
held to pretty much the same standards as contract law, with some
exceptions pertaining to the difference between licenses and contracts.

> All this discussion of the legal consequences of the GPL is delusional
> tilting at Windmills. Even a dysfunctional mind is a terrible thing to
> waste.

So why are you wasting away in that manner?

-- 
David Kastrup


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