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Re: Licensing question about the BSD
From: |
Alexander Terekhov |
Subject: |
Re: Licensing question about the BSD |
Date: |
Mon, 08 Aug 2005 21:25:10 +0200 |
Alexander Terekhov wrote:
[...]
> consequence, the GPL'd stuff should be exempt from "first sale"...
> other bizarre legal constructions of his own (together with his
> friend Metzger) creation aside for a moment.
Well, looks like that in the meantime, the fellows have realized
that exemption from first sale won't fly. They have yet to discover
that copies created in the course of downloading from the
authorized distributor (not the same as mere displays [on the net]
of "all rights reserved" source code, and etc. "displays" not
conveying ownership to the downloaded copies) also fall under the
first sale (and that at least in US where it is statutory under 17
USC 117, subsequent distribution of such a copy can be accompanied
by additional copy in object code form which is necessary to run
software... as part of "mere aggregation" with some other "library"
stuff or whatnot).
http://www.dipp.nrw.de/d-fsl/lizenzen/en/D-FSL-1_0_en.html
<quote>
German Free Software License
(c) Ministry of Science and Research, State of North-Rhine
Westphalia 2004
Developed and created by Axel Metzger and Till Jaeger, Institut
für Rechtsfragen der Freien und Open Source Software (Institute
for Legal Issues On Free and Open Source Software),
http://www.ifross.de.
[...]
Section 5 Conclusion of the Contract
(1) With this License you and any other person are offered the
conclusion of a contract for the use of this Program under the
conditions of this License.
(2) You may use the Program in accordance with the applicable
statutory provisions for the intended purpose without having to
accept this License. In the European Union and in most other
legal systems, this right in particular includes the following
authorizations:
1. Running of the Program as well as reproducing on hard-drive
and RAM required for this;
2. Making of a back-up copy;
3. Correcting errors;
4. Distributing a lawfully acquired physical copy of the Program.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
(3) You declare your acceptance of this License by distributing
the Program, making it publicly available, modifying or
reproducing it in a way that goes beyond the intended use in the
sense of Subsection 2. From this time on, this License shall be
deemed as a legally binding agreement between the Entitled
Persons and you, without the need for the Entitled Persons to
obtain a declaration of acceptance.
</quote>
BTW, see also
http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:aas:9102
regards,
alexander.
- Re: Licensing question about the BSD, (continued)
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, David Kastrup, 2005/08/08
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, David Kastrup, 2005/08/08
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD,
Alexander Terekhov <=
- Re: Licensing question about the BSD, Rui Miguel Seabra, 2005/08/08
- Message not available
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, Rui Miguel Seabra, 2005/08/09
- Message not available
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/09
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/09
- Re: Licensing question about the BSD, Rui Miguel Seabra, 2005/08/09
- Message not available
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/09
- Re: Licensing question about the BSD, Rui Miguel Seabra, 2005/08/09
- Message not available
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/09
- Re: Licensing question about the BSD, David Kastrup, 2005/08/09