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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Hyman Rosen
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Wed, 25 Feb 2009 15:41:54 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Alexander Terekhov wrote:
You confuse various concepts, Hyman. Would you call a "condition" to pay
as in "The Court will retain jurisdiction to enforce the payment terms of the
settlement for a period of thirty (30) days."
voluntary as well?

I have no idea what you even mean here.

Assuming the obligations of the GPL is voluntary in the
sense that no one must choose to copy and distribute
GPLed code.

If someone chooses to copy and distribute GPLed code,
they can do so legally only if they accept the GPL,
because nothing else gives them permission to do this.
If they accept the GPL, they must follow its dictates.

If someone copies and distributes GPLed code and does
not make the source properly available, then they are
in violation of copyright. When this is discovered,
the rights holders may engage the SFLC to protect them.


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