On Sun, 6 Jun 2004 10:45:59 -0700 Adam McKenna wrote:
> On Sun, Jun 06, 2004 at 11:08:50AM +0200, Francesco Poli wrote:
> > On Fri, 4 Jun 2004 23:25:18 -0700 Adam McKenna wrote:
> >
> > > the reason you can copy a file
> > > which has been released under the GPL without accepting the GPL is
> > > because you are explicitly granted that right by the GPL.
> >
> > I don't think so: you are not granted any right by a license, unless
> > you accept the license itself.
> > Hence, I don't see how could the GPL grant any right to make copies
> > to someone who is not willing to accept the GPL itself.
>
> Please read the GPL, specifically sections 5 and 6. You only have to
> accept the license if you wish to modify or distribute the work.
Ooops. I apologize for not having recalled this.
>
> I'm not going to participate in any more semantic arguments or legal
> 101 on what the definitions of the words 'distribute' or 'copy' are.
Could you please provide a good reference to some clear definition?
I hope I know the difference, but I'd better check anyway... :p
> If you are confused about copyrights in general, please go to
> http://www.loc.gov/copyright and read the text entitled "copyright
> basics".
Well, *now* I'm a bit confused. At
http://www.copyright.gov/circs/circ1.html
I read the following:
é[ Section 106 of the 1976 Copyright Act generally gives the owner of
[ copyright the exclusive right to do and to authorize others to do the
[ following:
[
[ * To reproduce the work in copies or phonorecords;
...
AFAIK the reasoning behind GPL#5 is that only the license gives me some
rights, hence I must have implicitly accepted it, if I exercise those
rights.
U.S. Copyright law (and many other copyright laws, I suppose) lists the
right to make copies as one of the copyright owner's exclusive rights.
That would bring me to the conclusion that I must accept the GPL in
order to make a copy of a GPL'd work.
See for example GPL#4:
[ 4. You may not copy, modify, sublicense, or distribute the Program
[ except as expressly provided under this License.
On the other hand GPL#5 itself says I'm required to accept the GPL only
in order to distribute or modify...
Could you explain how's that possible?
--
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