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Re: The GPL and Patents: ROFL

From: RJack
Subject: Re: The GPL and Patents: ROFL
Date: Wed, 08 Dec 2010 16:00:10 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv: Gecko/20100802 Thunderbird/3.1.2

On 8/19/2010 5:18 PM, Hyman Rosen wrote:

The GPL is a copyright license, granting additional rights

Are those additional rights that the GPL grants "In Personam" (contract
rights) or "In Rem" (property rights)? I thought Article I, Section 8,
Clause 8 of the United States Constitution gave Congress the power to
grant new copyrights.

to a work beyond those permitted by copyright law. When someone
distributes their work under the GPL, they agree to waive

Richard Stallman and Eben Moglen claim that you don't "agree" to
the GPL since it is not a contact, so how can licensees agree to waive

their right to enforce their patents embodied in that work against
others who use, copy, and distribute that work. I don't know what you
mean by the GPL "affecting ideas".

1. to act on; produce an effect or change in: Cold weather affected the

RJack :)

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