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From: | Przemek Klosowski |
Subject: | Re: Mathworks-hosted GPL'd software |
Date: | Tue, 16 Feb 2010 15:41:12 -0500 |
User-agent: | Mozilla/5.0 (X11; U; Linux i686; en-US; rv:1.9.1.7) Gecko/20100120 Fedora/3.0.1-1.fc12 Thunderbird/3.0.1 |
On 02/15/2010 05:01 AM, Jaroslav Hajek wrote:
The problem is that you actually do not obtain a BSD-licensed source. By downloading anything from the FX service, you agree to the ToS, so you're bound by the additional restrictions therein.
Let's say that you download some BSD-licensed software froma hypothetical distributor that places additional licensing limits on the website. In practical terms, it seems to me that you still have a BSD-licensed computer file, unless the distributor literally modifies the BSD license in the files to spell out the additional restrictions. I say that for two reasons: first, principally, the ToS restrictions of the website should not modify the license of the material, as intended by the original copyright holder; the license should not depend on whether it was downloaded from a specific site, sent on a 8 inch floppy or printed on parchment and carried by a carrier pigeon.
Secondly, a file is a file is a file; it's silly to impose unenforceable conditions ("No, I am not executing file XYZ
from you---I am executing the file XYZ I got from the INTERNETS")
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