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Re: [upcoming] The European Court of Justice on 'Software' First Sale

From: Alexander Terekhov
Subject: Re: [upcoming] The European Court of Justice on 'Software' First Sale
Date: Mon, 15 Oct 2012 10:05:18 +0200

Ivan Shmakov wrote:

[... accept and comply to GNU GPL ...]

Failure to comply with contractual requirements (such as GPL
requirements regarding the act of distribution and source code) which
have nothing to do with statutory rights is contractual matter ("breach
of contract" claim) not tort (claim of copyright infringement).

Suppose I give you a license to make 2 copies of my program XXX:

"Ivan Shmakov can make 2 copies of XXX for the price one ruble per

If you make more than 2 copies that would be copyright infringement (and
acceptance is irrelevant).

If you accept the contract and make just one copy but fail to pay that
is not copyright infringement (it is merely breach of contract).

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