Hyman Rosen wrote: > > On 3/16/2010 12:03 PM, RJack wrote: > > That's a really brilliant tautology. > > "If I never use the GPL then the Supreme Court ruling doesn't apply"! > > Clever. Really clever. > > If you choose not to avail yourself of the permissions granted > by the GPL, then you are not bound by it. The Supreme Court says
Uh retard Hyman. To quote IBM: "The ownership interests contributors to software licensed under the GPL might have in their modifications are seriously limited, given that any distribution of those modifications must be done under the terms of the GPL." Yes silly Hyman, "Enforcing a contract between two parties leaves the subject matter of the contract (whether copyrighted or not) entirely unencumbered by any contract issue as to others not party to the transaction. Property rights and contract rights are simply not equivalent.92 " But "92. It can be argued that this might change if, in effect, no third party can avoid being bound by the contract terms in order to use the information. ----- In context of "Like the Supreme Court in Wolens, we think it prudent to refrain from adopting a rule that anything [**25] with the label "contract" is necessarily outside the preemption clause: the variations and possibilities are too numerous to foresee. National Car Rental likewise recognizes the possibility that some applications of the law of contract could interfere with the attainment of national objectives and therefore come within the domain of ß 301(a). . . But whether a particular license is generous or restrictive, a simple twoparty contract is not "equivalent to any of the exclusive rights within the general scope of copyright" and therefore may be enforced." ProCD v. Zeidenberg 86 F3d 1447 (7th Cir. 1996) To repeat from Nimmer: "It can be argued that this might change if, in effect, no third party can avoid being bound by the contract terms in order to use the information. " regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen <hyro...@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 <hyro...@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.) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
