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Re: More FSF hypocrisy
From: |
Alan Mackenzie |
Subject: |
Re: More FSF hypocrisy |
Date: |
Wed, 25 Mar 2009 08:39:22 +0000 (UTC) |
User-agent: |
tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386)) |
In gnu.misc.discuss Rjack <user@example.net> wrote:
> Alan Mackenzie wrote:
>> In gnu.misc.discuss Rjack <user@example.net> wrote:
>>> Alan Mackenzie wrote:
>>>> In gnu.misc.discuss Rjack <user@example.net> wrote:
>>>> That's a very strange statement. The GPL is not so designed;
>>>> it is designed to "waive particular rights" over any who
>>>> conform to its requirements, regardless of the contractual
>>>> privy. It is thus not a contractual license, since there are
>>>> no contractual negotiations or handshakes involved.
>> .... But I wasn't talking about the US courts'
>> possible application of Humpty Dumpty language. I really don't
>> much care about whether the GPL is a "contract" in some US
>> American jurisdiction.
> I really don't much care about whether the GPL is a "contract" in
> some non US American jurisdiction.
Neither do I.
> I am not familiar with the law of non US American jurisdictions. Where
> of one cannot speak, thereof one must be silent. Perhaps you should
> adopt that philosophy.
Not at all! Far better to ask question and further educate oneself, so
that in the future one can speak thereof.
>> I'm saying that for all reasonable values of the term "contract",
>> the GPL fails to be one - it lacks all the characteristics of a
>> contractual relationship, for instance, the meeting of minds, the
>> negotiation, the passing of something of value in both
>> directions, the definite "handshake" which finalises it.
> Where did you ever get such misinformed notions?
Through being a highly educated native English speaker. I looked it up
in a dictionary, too. "Contract" (noun) means agreement (when it doesn't
mean "get smaller", or the like). I suspect that the GPL isn't a
contract in any USA jurisdiction, rather that it is for certain purposes
subject to some of the same regulations.
>>>> By your statement, are you trying to show that the GPL isn't
>>>> really a copyright license, or are you making a historical
>>>> assertion, that this was the motivation of the original
>>>> license designers?
>> No, I'm asking you what you meant by your paragraph, the one that
>> ends with "privity".
> Why would you ask such a question after expressing, "But I wasn't
> talking about the US courts' possible application of Humpty Dumpty
> language"?
Actually, I asked it beforehand, but seeing as how the subjects are
unrelated, the order doesn't matter.
>> I'm genuinely puzzled as to what you're trying to say. Care to
>> elucidate?
> I am genuinely puzzled as to what you are asking.
OK. Here's you're paragraph again:
: Copyright licenses are designed to waive particular rights
: to exclude so that licensees may use those personam rights
: granted by the copyright owner in contractual privity.
You might have meant this as a definitional criterion for a copyright
license, asserting that the GPL, since it doesn't satisfy that criterion,
isn't a copyright license at all. (The bit of the condition it doesn't
satisfy is the "in contractual privity").
Alternatively, you might have been talking about why, historically,
copyright licenses arose - that sometime after Gutenberg invented the
press and copyright came into being, somebody spotted a problem, and the
copyright license was designed as a solution to that problem.
I'm asking you which of these interpretations you meant when you
wrote the paragraph, or if neither, what you did mean.
--
Alan Mackenzie (Nuremberg, Germany).
- Re: More FSF hypocrisy, (continued)
- Re: More FSF hypocrisy, Hyman Rosen, 2009/03/23
- Re: More FSF hypocrisy, Alexander Terekhov, 2009/03/23
- Re: More FSF hypocrisy, Hyman Rosen, 2009/03/23
- Re: More FSF hypocrisy, Alexander Terekhov, 2009/03/23
- Re: More FSF hypocrisy, Hyman Rosen, 2009/03/23
- Re: More FSF hypocrisy, Rjack, 2009/03/23
- Re: More FSF hypocrisy, Alan Mackenzie, 2009/03/24
- Re: More FSF hypocrisy, Rjack, 2009/03/24
- Re: More FSF hypocrisy, Alan Mackenzie, 2009/03/24
- Re: More FSF hypocrisy, Rjack, 2009/03/24
- Re: More FSF hypocrisy,
Alan Mackenzie <=
- Re: More FSF hypocrisy, Rjack, 2009/03/25
- Re: More FSF hypocrisy, Alan Mackenzie, 2009/03/25
- Re: More FSF hypocrisy, Alexander Terekhov, 2009/03/25
- Re: More FSF hypocrisy, Rahul Dhesi, 2009/03/25
- Re: More FSF hypocrisy, Alexander Terekhov, 2009/03/25
- Re: More FSF hypocrisy, Alan Mackenzie, 2009/03/25
- Re: More FSF hypocrisy, Alexander Terekhov, 2009/03/25
- Re: More FSF hypocrisy, Alan Mackenzie, 2009/03/25
- Re: More FSF hypocrisy, Alexander Terekhov, 2009/03/25
- Re: More FSF hypocrisy, Hyman Rosen, 2009/03/25