Alexander Terekhov <[email protected]> writes: > David Kastrup wrote: >> >> Rjack <[email protected]> writes: >> >> > Hyman Rosen wrote: >> >> Rjack wrote: >> >>> Your commitment should be voluntary >> >> >> >> I'm glad you have moved from seemingly meaningful but actually >> >> incorrect arguments to straight insults. This will help other >> >> readers realize that you are not to be taken seriously. >> > >> > Keep moving the goalposts away from real legal discussion concerning >> > GPL enforceability Hyman. >> >> The GPL is certainly not enforceable. > > <chuckles> > > Does that mean that its "automatic termination" provision is not > enforceable? > > (BTW, I agree.)
If the client does not claim use of the license, then this would not be enforceable. Yes. You can't terminate a non-existing agreement. > Here's the SFLC's lunatic theory on termination: > > http://www.softwarefreedom.org/resources/2008/compliance-guide.html > > "Many redistributors overlook GPL’s termination provision (GPLv2 § 4 and > GPLv3 § 8). Under v2, violators forfeit their rights to redistribute and > modify the GPL’d software until those rights are explicitly reinstated > by the copyright holder. In contrast, v3 allows violators to rapidly > resolve some violations without consequence. > > If you have redistributed an application under GPLv2, Read this again, it seems to have escaped your notice: "If you have redistributed an application under GPLv2," In short, this is about the case where the client _does_ claim making use of the license. No contradiction here between what I said and the SFLC. > but have violated the terms of GPLv2, you must request a reinstatement > of rights from the copyright holders before making further > distributions, or else cease distribution and modification of the > software forever. Different copyright holders condition reinstatement > upon different requirements, and these requirements can be (and often > are) wholly independent of the GPL. The terms of your reinstatement > will depend upon what you negotiate with the copyright holder of the > GPL’d program. > > Since your rights under GPLv2 terminate automatically upon your initial > violation, all subsequent distributions are violations and infringements > of copyright." -- David Kastrup _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
