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From: | rjack |
Subject: | Re: SFLC's GPL court enforcement -- track record |
Date: | Tue, 22 Jul 2008 20:04:27 -0400 |
User-agent: | Thunderbird 2.0.0.14 (Windows/20080421) |
Hyman Rosen wrote:
Rahul Dhesi wrote:I think you folks are assuming that the GPL somehow gives you, the buyer of the router, the right to get source code from somewhere.It does, unless the chain of GPL licensing is somehow broken, perhaps through the use of the First Sale Doctrine.
There is no such thing as a "chain of licensing" under the GPL. The GPL is a nonexclusive license and there is no such thing as "sub-licensing" under a nonexclusive license. The best you can do is a "transfer of contractual interest". You can't transfer ownership of copyrights with a nonexclusive license and you can't license what you don't own. Sincerely Rjack :) Sec. 101 definitions. A “transfer of copyright ownership” is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license. (Copyright Act of 1976)
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