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Re: Running modified GPL software on a server


From: Alexander Terekhov
Subject: Re: Running modified GPL software on a server
Date: Tue, 31 Jan 2006 12:15:00 +0100

John Hasler wrote:
[...]
> No.  You are only required to give copies of the source to those you give
> copies of the binaries to.  

17 USC 109 disagrees. The owner of a lawfully made copy is ENTITLED, 
WITHOUT THE AUTHORITY OF THE COPYRIGHT OWNER, to sell or otherwise 
dispose of the possession of that copy. 106(3) is severely limited 
by the "exception" to 106(3) in section 109. The reason why 106(3) 
is listed in 106 is to provide legal basis to punish not only 
somebody who pirates works and who may not even try or want to 
distribute pirated copies, but also somebody who distributes pirated 
copies to the public that were unlawfully made by another. Now, 
GNUtians, you tell me how does that apply to the GPL (not-a-contract
according to the FSF). Neither RMS nor Moglen can explain it. 

Perhaps you can. I doubt it.

regards,
alexander.


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