On Fri, 17 Nov 2006 04:01:56 -0500, Chris wrote in message <[EMAIL PROTECTED]>:
> On Fri, 17 Nov 2006 08:08:00 +0100 > Arnt Karlsen wrote: > > On Fri, 17 Nov 2006 01:05:23 -0500, Chris wrote in message > > <[EMAIL PROTECTED]>: > >> > >> What are the *specific* subsections of the GPL that you feel are > >> being violated here? What *specifically* are they doing that's > >> forbidden by the GPL? > > > > ..moot, > > Huh? How can it be moot when the original question was whether > or not there was a GPL violation? ..I can repeat it here: Copyright law and criminal law moots the GPL because "0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License.", and, "5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License." > > he disregards the GPL _completely_ > > *In* *what* *way*? What subsection of the GPL are they disregarding? ..0 and 5. The beauty of the GPL is, it does not pretend to be a contract that needs to be litigated by the contract partners, instead the GPL "steps aside" and defaults to copyright law and criminal law, which both has sharper teeth than contract law. ;o) > It's a simple question, really. You underline the word "completely", > so you're very sure of your position -- so please explain it. ..see above. > > and is hit by copyright > > law, plus possibly for fraud, in representing himself as a "fully > > licensed reseller." Abiding by the GPL, he would have been. ;oD > > First of all, he/she does not represent him/herself as a "fully > licensed reseller." The terminology used in the advertisement > is "fully authorized reseller." So, how in the world does > representing him/herself as a "fully authorized reseller" violate > copyright law? .."0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License." ..and he does not have such "a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License." > As for "fraud" . . .the advertisement on eBay says that "A copy of > my Software Distribution License is available upon request." I > suppose one could make an argument that they're guilty of some sort > of fraud if, in response to such a request, he/she produced some > sort of fictional "reseller's license" for fgfs. ..is why we should chk with those who claim to have bought it. Your job, I'm off to bed now, been up since yesterday, as you can probably tell from my useless babbling. ;o) > But I bet that in response to such a request, they'd provide you with > a copy of the GPL itself. ..aye, but it's not good enough under ss0 but it will make it past discovery in litigation in at least Utah. > If he/she is following the terms of the GPL associated with > distribution (by bundling a copy of the GPL with the software > and making it clear that the software is covered by the GPL, by > making source code available, etc. etc.), then he/she's allowed > under the terms of the License to resell it, making him or her a > fully authorized reseller. ..correct, "if." > Anyone who obeys the distribution requirements of the GPL is, by > definition, a fully authorized reseller. ..correct. Assuming they sell it. ;o) > If you want to argue that the advertisement is disingenuous, > or misleading, or at least poorly phrased, I have no argument > with you. (the word "reseller" is, in my opinion, a very > poor choice) But if you want to assert that copyright infringement > or other crimes have definitely taken place, you need to be able > to back that up. ..aye. ;o) -- ..med vennlig hilsen = with Kind Regards from Arnt... ;o) ...with a number of polar bear hunters in his ancestry... Scenarios always come in sets of three: best case, worst case, and just in case. ------------------------------------------------------------------------- Take Surveys. Earn Cash. Influence the Future of IT Join SourceForge.net's Techsay panel and you'll get the chance to share your opinions on IT & business topics through brief surveys - and earn cash http://www.techsay.com/default.php?page=join.php&p=sourceforge&CID=DEVDEV _______________________________________________ Flightgear-devel mailing list Flightgear-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/flightgear-devel
