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Re: GNU licenses


From: David Kastrup
Subject: Re: GNU licenses
Date: Sun, 03 Sep 2006 13:19:55 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

"Alfred M. Szmidt" <ams@gnu.org> writes:

>    > 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".

What about "permission" don't you understand?  The word "permission"
already implies that you _can_ do so without permission, too.

> 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.

Nonsense.  He can be _held_ to the terms of the license if he does so.
You would not need to sue for compliance if acceptance happened
automatically.

>    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".

Oh sure.  And the sentence

> 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.

was written by gnomes.

> 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.

Well, why would you then need to sue anybody, if he has accepted the
license?  Because he acts against it.  Why would he do so when he
accepted it?  Mental disorder or what?  Should he be placed under
medical supervision until his acts come into accordance with his will
of acceptance?

Really, you make little enough sense.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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