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Re: Circumventing the GPL


From: David Kastrup
Subject: Re: Circumventing the GPL
Date: Fri, 25 Jul 2008 18:14:58 +0200
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux)

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote:
> [...]
>> Agreement is precedent to making copies.  
>
> No. The act of making copies (other than by downloading from online
> distributor without "I agree" manifestation of assent prior to getting
> copies, "fair use", etc.) makes me subject to contractual obligations
> (let's assume enforceable contract) spelled out in the license.
>
>> You can't drop it later.  
>
> That's called breach of contract. Nothing unusual. The contract laws
> recognize a concept called "efficient breach" which encourages breach of
> a contract if it's economically efficient to do so. Compliance with a
> contract is almost always voluntary -- if you choose not to comply, then
> you don't have to. You merely have to compensate the non-breaching party
> for his expectancy interest (pay contract damages). 
>
> And that has nothing to do with copyright infringement.

Tell that to the people serving jail time for copying and distributing
music.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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