IANAL, TINLA On Mon, Sep 01, 2003 at 05:28:41PM +0200, Mika Fischer wrote: > Hi, Edmund! > > * Edmund GRIMLEY EVANS <edmundo@rano.org> [2003-09-01 17:03]: > > Of course. You have the right to sue anyone for anything at any time! > > Oh well, I think you know what I meant. :) > > > However, in their defence the FSF will probably use the following > > elements of the GPL as evidence that they were not negligent: > > > > 1. You may copy and distribute verbatim copies of the Program's > > source code as you receive it, in any medium, provided that you > > conspicuously and appropriately publish on each copy an appropriate > > copyright notice and disclaimer of warranty > > > > 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY > > FOR THE PROGRAM, ... > > However I decided not to accept the license and may not even have read > it. That doesn't change anything. Quote from the GPL: 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. [...] 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. So, even if you do not accept the license but you do copy, modify, and/or distribute the Program, you're still bound by the License. > > If someone tries to sue you for distributing FSF software, you can > > point at the same parts of the GPL and also at the warning on your web > > site, if you have one. > > The whole point of my hypothetical example is that I don't accept the > license and use the software nevertheless. Not accepting the GPL is not a way to avoid it. You would be using a copy of the program without the right to do so; it would be the Free Software-equivalent of software piracy. If you want to be 100% sure, I suggest you go to a solicitor with a copy of the GPL; but I don't think a click-through license is necessary. [...] -- Wouter Verhelst Debian GNU/Linux -- http://www.debian.org Nederlandstalige Linux-documentatie -- http://nl.linux.org "Stop breathing down my neck." "My breathing is merely a simulation." "So is my neck, stop it anyway!" -- Voyager's EMH versus the Prometheus' EMH, stardate 51462.
Attachment:
pgp48gV5_tISQ.pgp
Description: PGP signature