Re: SFLC is SOL

[Hyman Rosen]

On 3/16/2010 12:45 PM, Alexander Terekhov wrote:
> The ownership interests translators to works licensed under the
> GPL might have in their translations are seriously limited, given
> that any distribution of those translations must be done under the
> terms of the GPL.

Yes, choosing to create a work based on GPL-covered work
limits how that work may be copied or distributed. That
is a choice the author makes. The same choices apply to
the use of any other work - the conditions placed upon
those works by their rights holders must be obeyed if the
work is to be used.

> "92. It can be argued that this might change if, in effect, no third
> party can avoid being bound by the contract terms in order to use the
> information. "

Yes. Preemption would apply when state law attempted to restrict
what is otherwise permitted in terms similar to copyright. But the
GPL does not restrict any behavior permitted by unadorned copyright
law, and therefore preemption is irrelevant to the GPL.