Re: Artifex v. Diebold: "The GPL is non-commercial!"

[amicus_curious]

"Hyman Rosen" <hyrosen@mail.com> wrote in message 
news:d6Yil.3129$Nh4.98@newsfe21.iad...
> In the case of downloading GPLed software, it's usually the case
> that the user initiates the download, whereas in the Netscape case
> it was the software itself initiating the download. But it may be
> the case that you're right, and that you can first-sale distribute
> a downloaded copy. You would still need to separately download each
> copy that you wanted to distribute, and you would have to download
> it directly to the distribution medium.

Not if the effect were the same.  The issue at bar is the harm to the 
copyright holder and if he is willing to accept the result of one mechanism, 
i.e. the redistribution of the downloaded and authorized copy, there can be 
no harm found to be associated with some other mechanism that results in 
exactly the same condition.