Re: GNU licenses

[Alfred M. Szmidt]

   > If you use GPL code in your program, then you have accepted the
   > GNU GPL (see section 5 of the GNU GPL).

   Nonsense.  You can't magically have accepted something behind your
   back.

_If_you_use_GPL_code_in_your_program_, which is exactly what section 5
talks about "nothing else grants you permission to modify or
distribute the Program or its deriviate works".  By using _CODE_ in
the program, he has modified the work, or created a derivate work; and
thus has accepted the GNU GPL as per section 5.  

   There is no such thing as automatic acceptance.  It is just that
   without heeding the terms of the license, you are in violation.
   There is no automatism that makes you magically heed a license:
   license compliance is subject to civil law enforcement.

Didn't say that there was "automatic acceptance".  But using the GNU
GPL licensed code then you/he have indicated the acceptance of the
license.  See section 5:

|     Therefore, by modifying or distributing the Program (or any work
|     based on the Program), you indicate your acceptance of this
|     License to do so, and all its terms and conditions for copying,
|     distributing or modifying the Program or works based on it.

   Or rather: he decided of his own volition to make use of the
   software, in full knowledge of its license.  That does not mean
   that he accepted it.  In a shop, the act of taking wares from the
   shelves implies having to pay them, but that does not mean that a
   shoplifter by the act of taking something off the shelf indicates
   his acceptance.

By using (which implies modification or creation of a deriviate work)
GNU GPL coded in his program, he has accepted the license, section 5:

|      Therefore, by modifying or distributing the Program (or any
|      work based on the Program), you indicate your acceptance of
|      this License to do so, and all its terms and conditions for
|      copying, distributing or modifying the Program or works based
|      on it.