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Re: Contract and Tort Law and the GPL



Raul Miller wrote:

It's been suggested that existing case law with respect to copyrights
always is based on contract law, and that the GPL can only be
understood in terms of contract law.
(...)

However, there is the other option:  Tort Law.
I don't know and I won't try to figure out if your argument hold any merit in the USofA jurisdiction.

But I just want it to be known that it does not hold any water in Brasil or any similar jurisdiction because:

a) we don't have tort law as defined in the USofA (unfortunately, we don't even have punitive damages);

b) all software licenses are considered "computer program use license contracts" under the Computer Programs Law (9609/98) and, as such, are to be read under our contract law, that is defined by our Civil Code combined with our Consumer Protection Act, with the specific limitations in 9609/98.


--
HTH,
Massa



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