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From: RJack on 6 Apr 2010 06:10 David Kastrup wrote: > RJack <user(a)example.net> writes: > >> As a delusional GPL advocate you choose to deliberately ignore the >> plain consequences of U.S. Copyright law. > > "delusional" and "deliberately" are not quite compatible. > >> The GPL is preempted by 17 USC sec. 301, it is unenforceable under >> contract law and is a misuse of copyright. > > Now _that_ is at its surface delusional, but likely a deliberate > utterance of a mixture of nonsense, non-sequiturs and half-truths. > > The GPL is not preempted by any law, since a law can't "preempt" a > permission. It _is_ unenforceable and states so itself: the licensee > _retains_ the option to use it or ignore it, at will. However, > _copyright_ is enforceable under _state_ law. If you want to make > use of the GPL in order _not_ to be liable to state law for certain > uses of the copyrighted material, you have to adhere to the > conditions of the GPL. In that case, your compliance with the GPL's > conditions will be held to pretty much the same standards as contract > law, with some exceptions pertaining to the difference between > licenses and contracts. > >> All this discussion of the legal consequences of the GPL is >> delusional tilting at Windmills. Even a dysfunctional mind is a >> terrible thing to waste. > > So why are you wasting away in that manner? > Have another drink DAK. Sincerely, RJack :)
From: Alexander Terekhov on 6 Apr 2010 07:19
David Kastrup wrote: [...] > The GPL is not preempted by any law, since a law can't "preempt" a > permission. It _is_ unenforceable and states so itself: the licensee > _retains_ the option to use it or ignore it, at will. However, > _copyright_ is enforceable under _state_ law. If you want to make use > of the GPL in order _not_ to be liable to state law for certain uses of > the copyrighted material, you have to adhere to the conditions of the > GPL. In that case, your compliance with the GPL's conditions will be > held to pretty much the same standards as contract law, with some > exceptions pertaining to the difference between licenses and contracts. Hey dak, http://de.wikipedia.org/wiki/Drogenbesitz Hth. regards, alexander. P.S. "Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law." Hyman Rosen <hyrosen(a)mail.com> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <hyrosen(a)mail.com> The Silliest GPL 'Advocate' -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) |