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Re: Compliance detection tool

From: RJack
Subject: Re: Compliance detection tool
Date: Tue, 20 Apr 2010 15:27:48 -0400
User-agent: Thunderbird (Windows/20100228)

Hyman Rosen wrote:
On 4/20/2010 1:25 PM, RJack wrote:
There is *no* legal definition of what an "open" license is

Open licenses authorize actions otherwise prohibited by copyright law
provided that persons using this authorization comply with provisions specified by the license.

At least that's your imagined theory.

The licenses are open in the sense that they are generally offered to
anyone who has a copy of the covered work, they require no communication from the person using the authorization to the rights holder, and they allow for further recipients to avail themselves of the same permissions.

They differ in obvious ways from normal copyright licenses which are
 two-party agreements where the rights holder authorizes copying and
 distribution in exchange for some consideration and both parties
sign off on the deal.

I have witnessed children in kindergarten make up stories more
believable than your fantasies. Open your eyes. Your dream is over.

What you fail to realize, in your hatred of the principles for which the GPL stands, is that courts will find, and have found, that open licenses make sense, and are a legitimate expression of the exclusive rights granted by copyright law. You can bring out your law dictionary definitions all you like, but when something makes powerful sense, it will be accepted. It's not unlike the Supreme Court allowing recording of broadcast television for time-shifting. It appeared to many to be a slam-dunk case of infringement, and indeed, four of the justices thought so, and yet it was declared legal.

The CAFC decision points the way.

Let me know when the GPL becomes "legislative expression". ROFL. Until
that occurs, current Supreme Court rulings are still the precedential
law. Your Marxist dreams of the courts upending Article I, Section 8,
Clause 8 of the United States Constitution and the will of Congress is
wishful socialist musing. Sometimes reality bites, but then you're just
going to have to adjust to it.

RJack :)

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