On 2007-11-24, rjack <[EMAIL PROTECTED]> wrote: > Tim Smith wrote: >> On 2007-11-21, rjack <[EMAIL PROTECTED]> wrote: >>> The designated donee beneficiaries of the GPL are obviously "all third >>> parties". Clearly the plaintiffs are "parties" to the GPL contract and >>> cannot be a member of the class "all third parties." Therefore the >>> plaintiffs can suffer no injury by the source code not being made >>> available to "all third parties". > > >> Their injury is the use of the copyrighted work in a manner that they >> have not agreed to. > > > To constitute copyright infringement an action must be capable of > violating an author's 17 USC sec. 106 exclusive rights in the absence of > any license at all. > > Requiring distribution of another author's modifications in a derivative > work is not one of the exclusive rights enumerated under 17 USC sec. 106 > and cannot lead to a charge of "copyright infringement".
The preparation of that derivative work in the first place is one of the exclusive rights under 17 USC 106. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
