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Re: Proposed Apache license & patent/reciprocity issues

On Fri, 2003-11-14 at 09:57, Glenn Maynard wrote:
> "... Any attempt otherwise to copy, modify, sublicense or distribute the
> Program is void, and will automatically terminate your rights under this
> License."
> What prevents me, after violating the license, from obtaining a new copy
> of the software and using (copying, modifying, distributing) that instead?

Title 17 USC, Sec. 106.

Look at GPL 2(b) "to be licensed as a whole at no charge to all third
parties under the terms of this License." You get your license to use a
GPL program when:

	1) The program is licensed that way by its author
	2) Modifications are created under Sec. 2(b).

You only have one license. If its terminated, you have none. Downloading
a copy does not grant you the license.

So, a scenario:
     1. Person A creates a work, and applies the GPL to it. You have a
        license to A's work. You may not have a copy, but you still have
        a license.
     2. Person B creates a derivative work of A's work. Under 2(b), he
        grants you a license to his changes.
     3. You violate GPL 4. Your license to both A's and B's works are
     4. Person C creates a derivative work of A's or B's work. You now
        have a license to C's changes.
     5. You still can't use A's or B's work.

The only way to gain back your right to use the GPL'd work is to contact
all the copyright holders and ask for it.

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