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Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth Circuit


From: Hyman Rosen
Subject: Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals
Date: Tue, 21 Dec 2010 11:39:44 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.13) Gecko/20101207 Thunderbird/3.1.7

On 12/21/2010 11:23 AM, Alexander Terekhov wrote:
How the "manner" of *not* providing source code could ever
implicate one of the licensor's exclusive statutory rights?

Manner of copying is within the exclusive rights of the copyright
holder. For example, authors may sell hardcover publication rights
to one publisher and paperback rights to another and eBook rights
to a third. If any of these were to publish in a format other than
the agreed one, they would be infringing copyright.

The GPL very carefully lays out its restrictions so that they are
all part of the act of copying, so that violating its terms is
copyright infringement.


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