David Kastrup wrote: > > Alexander Terekhov <terek...@web.de> writes: > > > David Kastrup wrote: > > [...] > >> The GPL legally establishes a heterogenuos pool of software. > > > > Hey dak, how come that the FSF claimed in court that the GPL is NOT A > > POOLING LICENSE (and is merely "a vertical agreement between the > > licensee and the licensor of the underlying software" instead)? > > Because that's the legally active part of the license. That it has > social consequences as well is not legally relevant.
Hey dak, "The GPL 'LEGALLY' establishes a pool of software" is utterly incorrect statement. Correct statement is The GPL *ILLEGALLY* purports to establishes a pool of software because the GPL purports to control the licensee's copyrights with respect to "all third parties" (i.e. the world) in violation of copyright law (preemption clause) and public policy (misuse, antitrust, and all that). To wit: (from the Busybox lawsuit): Versa: "On information and belief, Defendant alleges that Plaintiffs claims are barred, limited and/or excluded on the grounds that the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law." Bosch: "The GNU General Public License, Version 2, as alleged by Plaintiffs, is not enforcable." Humax: "Plaintiffs are not entitled to the relief sought because their actions constitute a misuse of the copyright." Samsung: "As a further, separate and distinct Ninth Affirmative Defense to the Complaint and each claim for relief alleged therein, Defendant alleges that Plaintiffs claims are barred by the doctrine of copyright misuse. Defendants are informed and believe, and on that basis allege, that Plaintiffs claims are barred because Plaintiffs have used the alleged copyrights at issue in this case to engage in anticompetitive behavior under United States law." regards, alexander. P.S. "Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law." 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