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Re: SFLC chooses wrong court


From: Alexander Terekhov
Subject: Re: SFLC chooses wrong court
Date: Mon, 24 Sep 2007 12:38:42 +0200

Rui Miguel Silva Seabra wrote:
[...]
> > Failing to distribute source code is a contract breach and not a
> > violation of a work's permitted use under copyright law.
> 
> Failing to distribute source code fails the condition for such distribution
> to happen. Since thay failed the condition, they have no right do distribute
> under copyright law.

17 USC 109, stupid. Copies made pursuant to license grant to reproduce
and prepare derivative works fall under 17 USC 109. No additional 
permission to distribute is needed.

regards,
alexander.

--
"The revolution might take significantly longer than anticipated."

                                     -- The GNU Monk Harald Welte


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