--- Begin Message ---
Subject: |
Re: What counts as "distribution" |
Date: |
Mon, 25 Jun 2007 18:10:24 +0100 |
User-agent: |
KNode/0.10.4 |
Robert Inder wrote:
> Which it does by imposing _restrictions_ on those from whom they
> received. I.e. it restricts the distribution...
This a fundamental confusion? _Copyright law_, not the GPL as such,
restricts the distribution of copies. In legal terms, the copyright
holder has the "distribution right" reserved to them - "distribution"
is the actual word used in Irish law at least:
http://www.irishstatutebook.ie/2000/en/act/pub/0028/sec0041.html#partii-chapiv-sec41
> Remember: my post started by asking for a definition of "distributing"
> software. Your distributing / disseminating distinction is the kind
> of thing I have in mind.
So, software distribution really refers to a something that copyright
law defines, to whatever degree. The primary place you want to look for
your definition is thus statutes and case law of the jurisdiction
you're in. It wouldn't really be the place of the GPL to define it,
only to make reference to it.
I imagine, but haven't checked closely, that the situation is very
similar in other common law jurisdictions at least (it is wise to
ignore the prolific Terekhov troll/crapflooder at this point, he's (a)
nuts and (b) has a habit of commenting as if authoritative on
jurisdictions quite alien to him).
Without the license, the distributor has no right to distribute at all
except that which copyright law might allow. This is why challenging
the GPL in court is mostly self-defeating for the challenger (at least
the proximal one, obviously sacrificial lambs may be thrown into a
court for strategic ends i.e. Microsoft funded fronts and so on).
* You might regard the right to distribute information as a
fundamental right of all that current (and quite disgusting) law
abridges, and I'd agree with that, but the GPL is presumably only
intended to exist while copyright law does**, and I meant only in the
legalistic sense.
** "Without copyright the GPL would be unenforceable. It would also be
unnecessary."
--- End Message ---
--- Begin Message ---
Subject: |
confirm 32a9e2640a3cca9df169ca05a05e658abfed9e38 |
If you reply to this message, keeping the Subject: header intact,
Mailman will discard the held message. Do this if the message is
spam. If you reply to this message and include an Approved: header
with the list password in it, the message will be approved for posting
to the list. The Approved: header can also appear in the first line
of the body of the reply.
--- End Message ---