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Re: Questions about legal theory behind (L)GPL

Raul -

With regard to secondary publication, if you had in mind sublicensing
by the licensee, I know of no case in which a right to sublicense was
found without reference to a valid bilateral contract.  (The Effects
case comes closest, if you buy Kozinski's argument and read a form of
implied license under copyright law into the appellate decision; but
even so it doesn't reach sublicensing, and the court in Gardner v.
Nike found that the right to sublicense isn't implied even in an
exclusive license unless it's in the written agreement.)

And by the way, I'm sorry if my response to your first message seemed
curt; I didn't spend enough time editing it for context.  I'm getting
a bit impatient with other persons (not on this list) who have
repeatedly evaded requests for valid precedents.  I had no business
transferring that impatience to your argument, which I think was
incorrect but not unreasonable.

- Michael

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