On Wed, 9 Jun 2004, Rod Dixon, J.D., LL.M. wrote: > I essentially agree with Rick's comment, but it may be somewhat misleading. > I suspect a copyright holder who issues a license would argue that the > license changes everything. As such, if you are in lawful possession of > software that is accompanied by a license, you are restricted to accepting > the terms of the license or rejecting them. That's it. On the other hand, > the default rules Rick mentions would apply to a work like a book, which > is not customarily distributed with a license.
The authors of the GPL seem to disagree. > ..... Original Message ....... > On Wed, 9 Jun 2004 08:33:15 -0700 Rick Moen <[EMAIL PROTECTED]> wrote: > >Quoting Marius Amado Alves ([EMAIL PROTECTED]): > >> Sam Barnett-Cormack wrote: > > > >> >The author gives me a copy of the software... > >> > >> Under no license? > > > >Marius, if you receive a piece of software encumbered by copyright (as > >essentially all useful software is), you have the implied right to use > >and (if needed) compile the software -- as provided by copyright > >statute. Other rights such as the right of redistribution, and the > >creation and distribution of derivative works, are by default reserved > >to the copyright holder. > > > >So, if you (lawfully) acquire a piece of software, you have a bundle of > >rights by statutory action, by default. Upon acquiring it, you might > >find a licence grant from the copyright holder that is contingent on a > >stated set of obligations. If the obligations don't appeal to you, > >nothing requires you to accept the licence, but then you possess only > >the rights conveyed by statute (e.g., no right of redistribution). > > > >Copyright owners who don't want recipients to have that option often > >resort to clipwrap agreements (an intended instrument of contract law), > >instead. (There are other reasons some authors prefer such instruments, > >but that's a different discussion.) > > > >-- > >Cheers, Rehab is for quitters. > >Rick Moen > >[EMAIL PROTECTED] > >-- > >license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 > > > > -- > license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 > -- Sam Barnett-Cormack -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
