Re: Heart of the debate
On Tue, Feb 15, 2000 at 10:30:04AM +1100, Don Sanders wrote:
> Raul, it seems you interpret the phrase "the complete .. source code
> .. must be distributed under ther terms of Sections 1 and 2.." to mean
> or at least imply "the complete source code must be distributed by
> applying Sections 1 and 2 to the complete source code"++, (here I use
> apply in the same sense Section 0 does).
>
> In everyday speech these two statements could be used interchangably,
> but in copyright law they mean vastly different things. I think
> Andreas has been trying to make this point for awhile now.
Given that that you must affix a proper copyright notice to the
copyrighted work, and that you're not allowed to alter the text of
the GPL, what practical method would you have for implementing this
difference?
> Even if they did mean they same thing I fail to see why the GPL would
> be drafted in such a convoluted way. The same effect could be achieved
> by simply defining the Program to be the complete source code in
> Section 0. (Because if you interpret "under the terms" to mean "apply
> the terms" once you apply Sections 1 and 2 to the complete source you
> effectively apply all the terms through 2b).
As I understand U.S. copyright law, if you applied the terms through 2b
then you wouldn't be guaranteeing that those rights were present, you
would be passing on those rights if present.
> Finally interpreting the phrase "the complete source code must be
> distributed under the terms of Sections 1 and 2" to mean "holding the
> value of the Program defined in Section 0 constant the complete source
> code must be distributed under the terms of Section 1 and 2" as I and
> I think Andreas does makes good sense.
Except that the QPL does not grant all the rights necessary to
distribute under the terms of Section 2 -- it places some restrictions
on modification and redistribution. I don't see how you can distribute
the complete source code under the terms of Sections 1 and 2 if you're
not legally allowed to do so.
--
Raul
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