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Re: A possible GFDL compromise

On Thu, Aug 28, 2003 at 12:53:34AM +0900, Fedor Zuev wrote:
> 	1) Can't be counted as accept any action you perform
> _before_ you receive and read the offer.

This is incorrect. There may be specific cases where it holds, but it
does not in general.

> 	2) Can't be counted as accept any action that is not the
> subject of the agreement. Subject of agreement in this case -
> transfer of rights. Therefore, can't be counted as accept any
> action, which you have statutory (directly from the law) right to
> perform. Namely: installation from CD|DVD-ROM, quotation and
> other fair use, backup, non-public (f.e. for single user) display
> via electronic means (f.e. SSL).

This is almost entirely incorrect (quotation is the exception). You do
not have statutory rights to perform any of these acts other than to
quote for certain purposes, unless you already have a license. Fair
use is also a US perversion (aside from requiring a license).

>  You accept the license if you copy, modify or distribute the work
> in a way requiring permission under copyright law.
> _In_ _a_ _way_ _requiring_ _permission_ _under_ _copyright_ _law_!
> Only!

Such as downloading it.

> 	3) After both sides executed their parts of agreement, the
> contract is finished (sorry, not know proper english term) and
> obligations of sides expired. In this case, atfer you perform all
> required stances to distribute or make some particular copy of the
> work under the terms of GFDL, you are free again, and don't have any
> obligations to the copyright holder. GO TO 1.

False in entirity. The license, which is not a contract, lasts until a
termination clause is invoked or a court decrees otherwise. Most free
software licenses do not contain termination clauses. Most commercial
licenses only permit termination if you return the goods to the

  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
   `-             -><-          |

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