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Re: Proposed Apache license & patent/reciprocity issues



"Mahesh T. Pai" <paivakil@vsnl.net> writes:

> The  law, as  it stands,does  not  give you  the right  to modify,  or
> distribute a copyrighted work.  But, so long as your's is a legal copy
> you are  free to exercise all  fair use rights available  to you under
> the  law of copyright.

What you describe here bears no relation to copyright law in the
United States, and little relation to what I know of the copyright
laws of other nations.  For a start, "fair use rights" are not
enumerated in US legislation -- they are alluded to in some laws, and
mentioned in court cases, but intentionally underspecified.

> The non-free licenses take away even your fair use rights because what
> you get  is a license, and  not a copy  itself. 

My unsubstantiated impression is that courts have said licenses can't
remove fair use rights.

> You get the fair use rights when what you have is a copy; when you
> are _licensed_ a copy, you get precisely what is licensed to you,
> nothing more, nothing less. The GPL uses this technique employed by
> proprietary licenses to grant you more rights than what is given by
> the ordinary copyright law.  GPL #5 takes care of situations where
> you receive an infringing copy.
>
> You  can violate  the GPL  only  when you  try to  distribute a  work.
> without   complying   with    its   terms.    (modification,   without
> redistribution, does not  attract GPL)

You fail to distinguish between modification of an instance of a work
-- such as sawing a book in half, or writing notes in the margins -- and
creation of a derivative work.  Most of what programmers call
"modification" is actually preparation of a derivative work.  You have
no right to do so except as granted by a license, such as the GPL.

> Even when you violate the GPL, you still can continue to use the
> work itself. That is a wonder of the law of copyright, not the GPL.
> The GPL applies ONLY to (a) modifications, (2) distribution /
> copying, and (3) distributing extracts or modified
> copies. Therefore, you are mistaken in statements 4 and 5 above.
>
> GPL 4 and 5 simply reminds you the effect of law and the provisions of
> the GPL.

What you say here is exceptionally misleading.

-Brian

> Again, people  receiving derivative works get rights  in entire works,
> not a license to  the derivative works. So, #2 above is  a bit off the
> mark.
>
> Hope that clears things up.
>
> -- 
> +~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+
>                                           
>   Mahesh T. Pai, LL.M.,                   
>   'NANDINI', S. R. M. Road,               
>   Ernakulam, Cochin-682018,               
>   Kerala, India.                          
>                                           
>   http://in.geocities.com/paivakil         
>                                           
> +~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+

-- 
Brian T. Sniffen                                        bts@alum.mit.edu
                       http://www.evenmere.org/~bts/



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