Re: Did I finally figure out the rationale?

2007-06-06 Thread mike3
On Jun 2, 1:02 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Qua, 2007-05-30 às 20:35 -0700, mike3 escreveu: Can anyone tell a single right MS-EULA grants under copyright law which YOU DON'T ALREADY HAVE? I can't see any... And therefore it's NOT a copyright license but a dumb

Re: Did I finally figure out the rationale?

2007-06-06 Thread mike3
On May 28, 2:39 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Seg, 2007-05-28 às 12:04 -0700, mike3 escreveu: And therefore the GPL is more of a copyright license, whereas the MS- EULA is more of a contract -- since the MS-EULA _takes away_ rights one would otherwise have,

Re: Did I finally figure out the rationale?

2007-06-06 Thread mike3
On Jun 2, 12:56 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Qua, 2007-05-30 às 20:33 -0700, mike3 escreveu: On May 28, 2:39 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Seg, 2007-05-28 às 12:04 -0700, mike3 escreveu: And therefore the GPL is more of a copyright

Re: Did I finally figure out the rationale?

2007-06-06 Thread John Hasler
mike3 writes: How could I drop them if I'm not the one who made the license? By drop them he means ignore them as unenforceable. I would suggest consulting a lawyer first. -- John Hasler [EMAIL PROTECTED] Dancing Horse Hill Elmwood, WI USA ___

Re: Did I finally figure out the rationale?

2007-06-06 Thread John Hasler
mike3 writes: MS-EULA takes away certain fair use rights like making backup copies for your own personal use. That is a statutory right, not a fair use right. -- John Hasler [EMAIL PROTECTED] Dancing Horse Hill Elmwood, WI USA ___ gnu-misc-discuss

Re: Did I finally figure out the rationale?

2007-06-04 Thread David Kastrup
Rui Miguel Silva Seabra [EMAIL PROTECTED] writes: Qua, 2007-05-30 às 20:33 -0700, mike3 escreveu: On May 28, 2:39 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Seg, 2007-05-28 às 12:04 -0700, mike3 escreveu: And therefore the GPL is more of a copyright license, whereas the MS-

Re: Did I finally figure out the rationale?

2007-06-04 Thread John Hasler
David Kastrup writes: That is perfectly acceptable and has nothing to do with copyright. Copyright comes into play once you sell or otherwise transfer Copyright can come into play with the owner transferring a copy. For example if you display an original painting of yours and I photograph it

Re: Did I finally figure out the rationale?

2007-06-04 Thread David Kastrup
John Hasler [EMAIL PROTECTED] writes: David Kastrup writes: That is perfectly acceptable and has nothing to do with copyright. Copyright comes into play once you sell or otherwise transfer Copyright can come into play with the owner transferring a copy. Where is the contradiction? For

Re: Did I finally figure out the rationale?

2007-06-04 Thread John Hasler
I wrote: Copyright can come into play with the owner transferring a copy. Should read ...without the owner transferring -- John Hasler [EMAIL PROTECTED] Dancing Horse Hill Elmwood, WI USA ___ gnu-misc-discuss mailing list

Re: Did I finally figure out the rationale?

2007-06-04 Thread David Kastrup
John Hasler [EMAIL PROTECTED] writes: David Kastrup writes: Last time I looked, the owner of a Michelangelo painting does not have the copyright on the painting. He has, however, the power to determine who may take photographs of it. He has the power to put it where no one can get near it

Re: Did I finally figure out the rationale?

2007-06-04 Thread John Hasler
David Kastrup writes: You will find that museums, even though they put paintings on public display, have the right to stop people from taking photographs of the paintings. In order to photograph those paintings one must enter the museum's property. The museum has the right to limit what

Re: Did I finally figure out the rationale?

2007-06-02 Thread Rui Miguel Silva Seabra
Qui, 2007-05-31 às 12:16 -0700, mike3 escreveu: For some years Microsoft's EULA removes your right to privacy. It also explicitly allows Microsoft to inspect your premises for compliance, as well as administrate your machines. So then how is it just a copyright license, if you are

Re: Did I finally figure out the rationale?

2007-06-02 Thread Rui Miguel Silva Seabra
Qua, 2007-05-30 às 20:35 -0700, mike3 escreveu: Can anyone tell a single right MS-EULA grants under copyright law which YOU DON'T ALREADY HAVE? I can't see any... And therefore it's NOT a copyright license but a dumb contract that only creates MORE restrictions. It's a copyright

Re: Did I finally figure out the rationale?

2007-06-02 Thread John Hasler
Rui writes: It's part of their conditions for accepting the copy. You either accept them or you don't. It is part of their conditions for selling you a tangible object which happens to embody a copy of a work on which they hold copyright. They will give you the copy if you give them some money

Re: Did I finally figure out the rationale?

2007-06-02 Thread John Hasler
Rui writes: If it was a contract, maybe you could drop the abusive clauses and move on. As it is, if you don't accept that, you should destroy your copy. It is not a copyright license unless it licenses some of the exclusive rights of the copyright owner. Ownership or possession of a copy is

Re: Did I finally figure out the rationale?

2007-06-01 Thread Alfred M. Szmidt
Email? Did you mean a Usenet posting? gnu-misc-discuss is a mailing list, it then gets piped through a email-NNTP program, so that you can read/reply to it via NNTP. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: Did I finally figure out the rationale?

2007-05-31 Thread John Hasler
mike3 writes: Email? Did you mean a Usenet posting? Gnu.misc.discuss is a mailing-list gatewayed to a newsgroup. -- John Hasler [EMAIL PROTECTED] Dancing Horse Hill Elmwood, WI USA ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: Did I finally figure out the rationale?

2007-05-31 Thread mike3
On May 31, 6:38 am, John Hasler [EMAIL PROTECTED] wrote: mike3 writes: Email? Did you mean a Usenet posting? Gnu.misc.discuss is a mailing-list gatewayed to a newsgroup. Really. I didn't know, I just thought it was a newsgroup. So then everything here is emails? Whoa... -- John Hasler

Re: Did I finally figure out the rationale?

2007-05-31 Thread mike3
On May 31, 6:38 am, John Hasler [EMAIL PROTECTED] wrote: mike3 writes: Email? Did you mean a Usenet posting? Gnu.misc.discuss is a mailing-list gatewayed to a newsgroup. Really. I didn't know, I just thought it was a newsgroup. So then everything here is emails? Whoa... -- John Hasler

Re: Did I finally figure out the rationale?

2007-05-31 Thread mike3
On May 28, 1:06 am, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Dom, 2007-05-27 às 14:56 -0500, John Hasler escreveu: be described as a copyright license. In fact, most copyright licenses --those between authors and publishers for example-- are contracts as well. No, there are

Re: Did I finally figure out the rationale?

2007-05-31 Thread Richard Tobin
In article [EMAIL PROTECTED], mike3 [EMAIL PROTECTED] wrote: Gnu.misc.discuss is a mailing-list gatewayed to a newsgroup. Really. I didn't know, I just thought it was a newsgroup. So then everything here is emails? Whoa... No, it's both. Some people read it and post to it through usenet,

Re: Did I finally figure out the rationale?

2007-05-30 Thread mike3
On May 28, 2:18 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Seg, 2007-05-28 às 12:05 -0700, mike3 escreveu: Any response? Please respond, I'd really like to know if I've finally gotten this understood. I already said in another email that I think you're starting to get it.

Re: Did I finally figure out the rationale?

2007-05-30 Thread mike3
On May 28, 1:43 pm, John Hasler [EMAIL PROTECTED] wrote: mike3 writes: So then Microsoft's agreement is not a good one. That's up to the parties, isn't it? I certainly would not agree to it but others are free to do as they please. I don't like it either. -- John Hasler [EMAIL

Re: Did I finally figure out the rationale?

2007-05-30 Thread mike3
On May 28, 2:42 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Seg, 2007-05-28 às 14:43 -0500, John Hasler escreveu: mike3 writes: So then Microsoft's agreement is not a good one. That's up to the parties, isn't it? I certainly would not agree to it but others are free to do as

Re: Did I finally figure out the rationale?

2007-05-30 Thread mike3
On May 29, 6:24 am, John Hasler [EMAIL PROTECTED] wrote: mike3 writes: So then Microsoft's agreement is not a good one. I wrote: That's up to the parties, isn't it? I certainly would not agree to it but others are free to do as they please. Rui Miguel Silva writes: What is the freedom

Re: Did I finally figure out the rationale?

2007-05-30 Thread mike3
On May 28, 2:38 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Seg, 2007-05-28 às 12:00 -0700, mike3 escreveu: ... The purpose of the GNU GPL is to be a tool to help drive Free Software's objective: To Free All Users. The GNU GPL BOTH *keeps* software Free Software AND *incites* the

Re: Did I finally figure out the rationale?

2007-05-29 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] Contracts fall into contract law. Copyright licenses fall into copyright law. Repeating Moglen's idiocy doesn't make it less idiocy. Copyright law establishes property rights. Licensing of that property fall into contract law. regards, alexander.

Re: Did I finally figure out the rationale?

2007-05-29 Thread John Hasler
mike3 writes: So then Microsoft's agreement is not a good one. I wrote: That's up to the parties, isn't it? I certainly would not agree to it but others are free to do as they please. Rui Miguel Silva writes: What is the freedom (wot?) of others to choose their slaver got to do whit

Re: Did I finally figure out the rationale?

2007-05-29 Thread Rui Miguel Silva Seabra
Ter, 2007-05-29 às 10:15 +0200, Alexander Terekhov escreveu: Rui Miguel Silva Seabra wrote: [...] Contracts fall into contract law. Copyright licenses fall into copyright law. Repeating Moglen's idiocy doesn't make it less idiocy. Copyright law establishes property rights. Licensing of

Re: Did I finally figure out the rationale?

2007-05-29 Thread John Hasler
Rui Miguel Silva Seabra writes: Then you eventually buy your copyright license by buying a legitimate copy (a book, a CD, etc...). In the US no license is needed to buy, own, or use a legitimate copy of a book, CD, etc. Copyright law does not enter into the matter at all. It is simply the

Re: Did I finally figure out the rationale?

2007-05-29 Thread Rui Miguel Silva Seabra
Ter, 2007-05-29 às 12:45 -0500, John Hasler escreveu: Rui Miguel Silva Seabra writes: Then you eventually buy your copyright license by buying a legitimate copy (a book, a CD, etc...). In the US no license is needed to buy, own, or use a legitimate copy of a book, CD, etc. Copyright law

Re: Did I finally figure out the rationale?

2007-05-29 Thread John Hasler
I wrote: In the US no license is needed to buy, own, or use a legitimate copy of a book, CD, etc. Copyright law does not enter into the matter at all. It is simply the purchase of a tangible object. A license is only needed if you want to make copies beyond those permitted by law. Rui

Re: Did I finally figure out the rationale?

2007-05-29 Thread Rui Miguel Silva Seabra
Ter, 2007-05-29 às 14:57 -0500, John Hasler escreveu: I wrote: In the US no license is needed to buy, own, or use a legitimate copy of a book, CD, etc. Copyright law does not enter into the matter at all. It is simply the purchase of a tangible object. A license is only needed if you

Re: Did I finally figure out the rationale?

2007-05-29 Thread rjack
rjack wrote: Alexander Terekhov wrote: Rui Miguel Silva Seabra wrote: [...] Contracts fall into contract law. Copyright licenses fall into copyright law. Repeating Moglen's idiocy doesn't make it less idiocy. Copyright law establishes property rights. Licensing of that property fall into

Re: Did I finally figure out the rationale?

2007-05-28 Thread Rui Miguel Silva Seabra
Dom, 2007-05-27 às 14:56 -0500, John Hasler escreveu: be described as a copyright license. In fact, most copyright licenses --those between authors and publishers for example-- are contracts as well. No, there are contracts where authors assign or even sell (in some jurisdictions) their

Re: Did I finally figure out the rationale?

2007-05-28 Thread mike3
On May 27, 1:56 pm, John Hasler [EMAIL PROTECTED] wrote: mike3 writes: But then when does [the Microsoft EULA] become a contract? A copyright license is anything that grants some of the exclusive rights of the copyright owner to someone else. Thus it is possible for a contract to grant a

Re: Did I finally figure out the rationale?

2007-05-28 Thread mike3
On May 28, 8:26 am, John Hasler [EMAIL PROTECTED] wrote: Rui Miguel Silva Seabra writes: No, there are contracts where authors assign or even sell (in some jurisdictions) their copyrights. That's what I said. I wrote: For the Microsoft EULA to be a copyright license as well as a

Re: Did I finally figure out the rationale?

2007-05-28 Thread mike3
On May 27, 12:53 pm, mike3 [EMAIL PROTECTED] wrote: On May 27, 4:06 am, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Sáb, 2007-05-26 às 17:22 -0700, mike3 escreveu: On May 26, 5:30 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Better yet... Those transcripts usually come

Re: Did I finally figure out the rationale?

2007-05-28 Thread Rui Miguel Silva Seabra
Seg, 2007-05-28 às 12:05 -0700, mike3 escreveu: Any response? Please respond, I'd really like to know if I've finally gotten this understood. I already said in another email that I think you're starting to get it. However, the way you write is so convoluted that it is hard for me to

Re: Did I finally figure out the rationale?

2007-05-28 Thread Rui Miguel Silva Seabra
Dom, 2007-05-27 às 11:54 -0700, mike3 escreveu: On May 27, 4:09 am, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Sáb, 2007-05-26 às 18:44 -0500, John Hasler escreveu: Rui Miguel Silva Seabra writes: No, the license is not a contract, it is a Copyright License. He means the

Re: Did I finally figure out the rationale?

2007-05-28 Thread John Hasler
mike3 writes: So then Microsoft's agreement is not a good one. That's up to the parties, isn't it? I certainly would not agree to it but others are free to do as they please. -- John Hasler [EMAIL PROTECTED] Dancing Horse Hill Elmwood, WI USA ___

Re: Did I finally figure out the rationale?

2007-05-28 Thread Rui Miguel Silva Seabra
Seg, 2007-05-28 às 12:00 -0700, mike3 escreveu: On May 27, 1:56 pm, John Hasler [EMAIL PROTECTED] wrote: mike3 writes: But then when does [the Microsoft EULA] become a contract? But I thought the license was too restrictive. Is that just because it does not _grant_ as many rights as,

Re: Did I finally figure out the rationale?

2007-05-28 Thread Rui Miguel Silva Seabra
Seg, 2007-05-28 às 12:04 -0700, mike3 escreveu: And therefore the GPL is more of a copyright license, whereas the MS- EULA is more of a contract -- since the MS-EULA _takes away_ rights one would otherwise have, whereas the GPL _grants_ rights one would otherwise _not_ have. Why... I argue

Re: Did I finally figure out the rationale?

2007-05-28 Thread Rui Miguel Silva Seabra
Seg, 2007-05-28 às 14:43 -0500, John Hasler escreveu: mike3 writes: So then Microsoft's agreement is not a good one. That's up to the parties, isn't it? I certainly would not agree to it but others are free to do as they please. What is the freedom (wot?) of others to choose their slaver

Re: Did I finally figure out the rationale?

2007-05-27 Thread Rui Miguel Silva Seabra
Sáb, 2007-05-26 às 17:22 -0700, mike3 escreveu: On May 26, 5:30 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Better yet... Those transcripts usually come from the recordings. Hear them. Is that so hard? They are long and I can't seem to find a direct, straight to the point

Re: Did I finally figure out the rationale?

2007-05-27 Thread Rui Miguel Silva Seabra
Sáb, 2007-05-26 às 18:44 -0500, John Hasler escreveu: Rui Miguel Silva Seabra writes: No, the license is not a contract, it is a Copyright License. He means the Microsoft EULA, and yes, it is a contract and not a copyright license. In order to be a copyright license it would have to yield

Re: Did I finally figure out the rationale?

2007-05-27 Thread Alfred M. Szmidt
It's not like this is not written explicitly in Stallman's essay that I quoted to you. And it's not like I have not repeatedly explained it. So how come you still are harping on this just to keep the GPL program free nonsense? If that was the aim, the BSD license would be quite

Re: Did I finally figure out the rationale?

2007-05-27 Thread David Kastrup
Fullquote for a reason: Alfred M. Szmidt [EMAIL PROTECTED] writes: It's not like this is not written explicitly in Stallman's essay that I quoted to you. And it's not like I have not repeatedly explained it. So how come you still are harping on this just to keep the GPL

Re: Did I finally figure out the rationale?

2007-05-27 Thread mike3
On May 27, 4:06 am, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Sáb, 2007-05-26 às 17:22 -0700, mike3 escreveu: On May 26, 5:30 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Better yet... Those transcripts usually come from the recordings. Hear them. Is that so hard?

Re: Did I finally figure out the rationale?

2007-05-27 Thread mike3
On May 27, 4:09 am, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Sáb, 2007-05-26 às 18:44 -0500, John Hasler escreveu: Rui Miguel Silva Seabra writes: No, the license is not a contract, it is a Copyright License. He means the Microsoft EULA, and yes, it is a contract and not a

Re: Did I finally figure out the rationale?

2007-05-27 Thread John Hasler
mike3 writes: But then when does [the Microsoft EULA] become a contract? A copyright license is anything that grants some of the exclusive rights of the copyright owner to someone else. Thus it is possible for a contract to grant a copyright license as part or all of the consideration and

Re: Did I finally figure out the rationale?

2007-05-27 Thread Tim Smith
In article [EMAIL PROTECTED], Alfred M. Szmidt [EMAIL PROTECTED] wrote: The Modifed BSD license doesn't keep software free, so you are simply spreading misinformation. It was the exact point of the GPL to keep something that was free, free. You will never be able to figure out what

Did I finally figure out the rationale?

2007-05-26 Thread mike3
Hi. I notice this post apparently fell on deaf ears, and I'd like to make it more visible as I'm wondering if I finally figured out the whole GNU License thing: --- Imaging for a second that you have a work, to which you add some non-free code. A user can no longer change the work as a whole,

Re: Did I finally figure out the rationale?

2007-05-26 Thread David Kastrup
mike3 [EMAIL PROTECTED] writes: So, are any of these right? Did I finally get the drift? Were my understandings finally corrrect at last? No. The problem is that the GPLed program is licensed to you under conditions. If you don't heed the conditions, you don't gain the right to redistribute

Re: Did I finally figure out the rationale?

2007-05-26 Thread mike3
On May 26, 1:32 pm, David Kastrup [EMAIL PROTECTED] wrote: mike3 [EMAIL PROTECTED] writes: So, are any of these right? Did I finally get the drift? Were my understandings finally corrrect at last? No. The problem is that the GPLed program is licensed to you under conditions. If you don't

Re: Did I finally figure out the rationale?

2007-05-26 Thread mike3
On May 26, 1:32 pm, David Kastrup [EMAIL PROTECTED] wrote: snip Now most software licenses purport not at all to be licenses, namely permissions for doing something. Instead they purport to be contracts: that is why you have to click I agree and similar stuff. In that case, a legal defense

Re: Did I finally figure out the rationale?

2007-05-26 Thread Alexander Terekhov
mike3 wrote: [...] install the software, they would be free to ignore any restriction that it imposes that is not imposed otherwise by copyright law, since minors cannot enter into a legally binding contract? Over here, yes. I had to consent to WOW license for my kid (they ask the age).

Re: Did I finally figure out the rationale?

2007-05-26 Thread John Hasler
Now most software licenses purport not at all to be licenses, namely permissions for doing something. Instead they purport to be contracts: that is why you have to click I agree and similar stuff. In that case, a legal defense can actually be that you can't enter into a contract by clicking

Re: Did I finally figure out the rationale?

2007-05-26 Thread mike3
On May 26, 2:10 pm, John Hasler [EMAIL PROTECTED] wrote: Now most software licenses purport not at all to be licenses, namely permissions for doing something. Instead they purport to be contracts: that is why you have to click I agree and similar stuff. In that case, a legal defense can

Re: Did I finally figure out the rationale?

2007-05-26 Thread Alexander Terekhov
mike3 wrote: [...] Now, is this right? Nope. 17 USC 109 and 117 (in the EU it's the same). And IP licenses are contracts. - While a party that owns copyright rights is ordinarily entitled to pursue infringement claims against any third party who violates them, the courts have

Re: Did I finally figure out the rationale?

2007-05-26 Thread David Kastrup
mike3 [EMAIL PROTECTED] writes: On May 26, 1:32 pm, David Kastrup [EMAIL PROTECTED] wrote: In short: the GPL tries to do as much as it can to promote [free] software under the constraints that mass redistribution of unmodified GPLed software should remain permitted without requiring

Re: Did I finally figure out the rationale?

2007-05-26 Thread Rui Miguel Silva Seabra
Sáb, 2007-05-26 às 13:37 -0700, mike3 escreveu: (...) the GPL program, but of software in general. However it would be unreasonable to include a demand that in exchange for using a GPL program at all then one must make _all_ software they are developing free (as then it becomes a contract),

Re: Did I finally figure out the rationale?

2007-05-26 Thread John Hasler
Rui Miguel Silva Seabra writes: No, the license is not a contract, it is a Copyright License. He means the Microsoft EULA, and yes, it is a contract and not a copyright license. In order to be a copyright license it would have to yield some of the exclusive rights of the copyright owner. It

Re: Did I finally figure out the rationale?

2007-05-26 Thread John Hasler
mike3 writes: Since the license is actually a contract, then does that mean, that, say, if a child under the age of 18 were to install the software, they would be free to ignore any restriction that it imposes that is not imposed otherwise by copyright law, since minors cannot enter into a

Re: Did I finally figure out the rationale?

2007-05-26 Thread mike3
On May 26, 5:41 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Sáb, 2007-05-26 às 13:37 -0700, mike3 escreveu: (...) the GPL program, but of software in general. However it would be unreasonable to include a demand that in exchange for using a GPL program at all then one must make

Re: Did I finally figure out the rationale?

2007-05-26 Thread mike3
On May 26, 5:30 pm, Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: Sáb, 2007-05-26 às 12:53 -0700, mike3 escreveu: On May 26, 1:32 pm, David Kastrup [EMAIL PROTECTED] wrote: mike3 [EMAIL PROTECTED] writes: So, are any of these right? Did I finally get the drift? Were my