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Re: Termination clauses, was: Choice of venue



On Tue, Jul 27, 2004 at 03:43:03PM -0400, Glenn Maynard wrote:
> On Tue, Jul 27, 2004 at 08:24:29PM +0100, Andrew Suffield wrote:
> > On Tue, Jul 27, 2004 at 02:13:10PM -0400, Glenn Maynard wrote:
> > > I hope that the FSF wouldn't want strengthen the idea that telling
> > > people *how* to violate copyright should be illegal (eg. DeCSS,
> > > "contributory infringement").
> > 
> > It's the act of writing the derivative software that was
> > infringing. Not the same thing.
> 
> I work on a game which can use MAD, GPL, to decode MP3s.  The game itself is
> MIT-licensed.  I could also, if I wanted, make it support OpenSSL.  I don't
> think I would be in violation of the GPL (letter or spirit) as long as I
> only distribute binaries that link against one or the other, and not both
> at the same time.  I might add a warning to the output of configure, eg.
> "distribution of this binary is in violation of the GPL because you have
> enabled these modules in combination:" if both were enabled, though.
> 
> I believe doing all this would be in the spirit of the GPL, though
> distributing an installer that built the binary for a user and saying
> "use this to get around the GPL" certainly would not be.
> 
> Do you think there's a violation in here somewhere?  Where?

Not really. But if it were a video library, rather than an mp3
decoding one, and it were the only one supported (but you could
optionally build with no video output) then I'd say there was -
despite the rather cheap attempt to duck the issue, it would be a
clear derivative, and the first infringing action would be the
creation of that derivative.

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