On 12/21/2010 10:56 AM, Alexander Terekhov wrote:
Essentially, the Ninth Circuit concluded that the
breach of a license agreement must implicate one of the exclusive rights
of copyright to give rise to a copyright infringement claim:  "[W]e have
held that the potential for infringement exists only where the
licensee's action (1) exceeds the license's scope (2) in a manner that
implicates one of the licensor's exclusive statutory rights."

Yes, exactly. Copying and distributing outside the permissions
granted by the GPL satisfies both of these. The court gave an
example itself, of creating a derivative work.
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