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- Xref: sparky gnu.misc.discuss:4351 talk.philosophy.misc:3245 misc.legal:22293
- Newsgroups: gnu.misc.discuss,talk.philosophy.misc,misc.legal
- Path: sparky!uunet!paladin.american.edu!darwin.sura.net!blaze.cs.jhu.edu!jyusenkyou!arromdee
- From: arromdee@jyusenkyou.cs.jhu.edu (Ken Arromdee)
- Subject: Re: Fund raising at the FSF
- Message-ID: <1993Jan9.212802.22646@blaze.cs.jhu.edu>
- Sender: news@blaze.cs.jhu.edu (Usenet news system)
- Organization: Johns Hopkins University CS Dept.
- References: <1993Jan7.230129.19091@husc3.harvard.edu> <1imlr5INN2tu@early-bird.think.com> <FRIEDMAN.93Jan9114839@nutrimat.gnu.ai.mit.edu>
- Date: Sat, 9 Jan 1993 21:28:02 GMT
- Lines: 31
-
- In article <FRIEDMAN.93Jan9114839@nutrimat.gnu.ai.mit.edu> friedman@gnu.ai.mit.edu (Noah Friedman) writes:
- >>The actual force of the GPL as a true "license" has never actually been
- >>tested. I'm not a lawyer, but it looks very much like "shrink-wrap"
- >>licenses, which many people believe are not really enforceable.
- >Paragraph 5 of the GPL (version 2) says:
- > 5. You are not required to accept this License, since you have not
- > signed it. However, nothing else grants you permission to modify or
- > distribute the Program or its derivative works. These actions are
- > prohibited by law if you do not accept this License.
-
- OK, assume this part is legally valid.
-
- >Therefore, by
- > modifying or distributing the Program (or any work based on the
- > Program), you indicate your acceptance of this License to do so...
-
- Does this work? I don't think so. If the only way to legally distribute
- the program is to accept the license, it does not follow that someone who
- distributes the program has just accepted the license. Rather, what follows is
- that _either_ they accepted the license _or_ they committed a crime. You have
- no way to tell which one of these two options follows, and the logic in the
- above License passage is fallacious since it does not rule out the other
- option.
- --
- "On the first day after Christmas my truelove served to me... Leftover Turkey!
- On the second day after Christmas my truelove served to me... Turkey Casserole
- that she made from Leftover Turkey.
- [days 3-4 deleted] ... Flaming Turkey Wings! ...
- -- Pizza Hut commercial (and M*tlu/A*gic bait)
-
- Ken Arromdee (arromdee@jyusenkyou.cs.jhu.edu, arromdee@jhunix.hcf.jhu.edu)
-