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- Xref: sparky gnu.misc.discuss:4311 talk.philosophy.misc:3212 misc.legal:22197
- Path: sparky!uunet!stanford.edu!hsdndev!husc-news.harvard.edu!husc10.harvard.edu!zeleny
- From: zeleny@husc10.harvard.edu (Michael Zeleny)
- Newsgroups: gnu.misc.discuss,talk.philosophy.misc,misc.legal
- Subject: Re: Fund raising at the FSF
- Message-ID: <1993Jan8.115714.19103@husc3.harvard.edu>
- Date: 8 Jan 93 16:57:13 GMT
- References: <1iindhINNfu5@agate.berkeley.edu> <1993Jan7.230129.19091@husc3.harvard.edu> <FRIEDMAN.93Jan8024448@nutrimat.gnu.ai.mit.edu>
- Organization: The Phallogocentric Cabal
- Lines: 65
- Nntp-Posting-Host: husc10.harvard.edu
-
- In article <FRIEDMAN.93Jan8024448@nutrimat.gnu.ai.mit.edu>
- friedman@gnu.ai.mit.edu (Noah Friedman) writes:
-
- >In article <1993Jan7.230129.19091@husc3.harvard.edu>
- >zeleny@husc10.harvard.edu (Michael Zeleny) writes:
-
- NF:
- >[ argument about whether the owner of a program can make multiple copies
- > with different copyright and license agreements elided ]
-
- MZ:
- >>That depends on whether the license attaches to the program type or any
- >>individual token thereof. I assume that the former is the case, as the
- >>latter does not seem to make any sense.
-
- NF:
- >Mikhail, regardless of what you *think* the GPL intends, that's not what it
- >actually says or implies. The GPL can't supercede an owner's rights in
- >this fashion. The law doesn't permit that.
-
- The law does not permit selling products without warranty of any kind.
- That does not stop the FSF from including its "NO WARRANTY" clause in
- the GPL. With regard to the ownership issue, my reference is to the
- Paragraph 5 of the Version 1, as was discussed in the preceding article;
- I will not bother pointing it out in the text posted on the net. The
- question is precisely, to what extent the GPL attempts to supersede the
- legal ownership rights attached to the copyright; I shall not presume to
- judge the extent of its success in this attempt.
-
- NF:
- >Software authors can and *do* distribute identical versions of their
- >programs with different licensing terms (including the GPL), and it's
- >perfectly legitimate.
-
- Again, legitimacy can only be decided by the courts. I see such actions
- contradict the letter of the GPL.
-
- NF:
- >I've become confused about exactly what you mean when you speak of
- >ownership. Lately I've come to believe you are referring to property in
- >some philosophical sense, not in a legal one, because legally we do not own
- >any piece of software for which no explicit and written copyright
- >assignment has been made. I would appreciate it if you would clarify.
-
- I think that you are right from the legal standpoint; however please
- observe that copyright is an exclusive right to production, publication,
- and distribution, whereas the GPL purports to exercise absolute control
- over all of these activities in the aforementioned passage. Do you see
- the contradiction?
-
- In this instance, my working definition of ownership is simply the right
- to dispose of the object in question as one sees fit. Two caveats are
- in order. With respect to programs, the object is possessed and used as
- the token, but owned (and, presumably, licensed) as the type, if not the
- algorithm (how long before the FSF patents its software?). Furthermore,
- the legal notion of ownership may be qualified in certain ways (witness
- the instance of owning an art object, which does not imply the right to
- destroy it), but surely such qualifications may reach a point at which
- it no longer makes any sense. Do you expect rationality from legal
- reasoning?
-
- cordially,
- mikhail zeleny@husc.harvard.edu
- "Les beaulx bastisseurs nouveaulx de pierres mortes ne sont escriptz
- en mon livre de vie. Je ne bastis que pierres vives: ce sont hommes."
-