On 3/9/2010 9:11 AM, RJack wrote:
Uhhh. What's "abnormal" copyright infringement?
When there are other defenses possible under federal law, such as fair use or time shifting or reverse engineering. Normal copyright infringement is simply unauthorized copying and distribution with nothing else involved.
Uhhh. Do you mean the preempted "covenants" that you incorrectly refer to as "conditons"? Preempted is preempted. What do conditions have to do with anything?
GPL cases involve simple copyright infringement caused by copying and distributing without adhering to the conditions of the license. There is no preemption involved, because preemption merely states that all copyright comes from federal law, and it is federal law which disallows copying and distribution without permission. The conditions of the GPL are conditions, just as the conditions of the Artistic License are conditions: <http://www.cafc.uscourts.gov/opinions/08-1001.pdf> The Artistic License states on its face that the document creates conditions: "The intent of this document is to state the _conditions_ under which a Package may be copied." (Emphasis added.) The Artistic License also uses the traditional language of conditions by noting that the rights to copy, modify, and distribute are granted "provided that" the conditions are met. Under California contract law, "provided that" typically denotes a condition. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
