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Re: Bug#317359: kde: ..3'rd "Help"->"About $KDE-app" tab calls the GPL "License Agreement", ie; a contract.

On 7/13/05, Sean Kellogg <skellogg@u.washington.edu> wrote:
> I don't think that first-sale and digital goods maps very well...  I'm really
> uncertain as to how the courts have fallen on the issue.  I don't see how
> first sale authorizes me to download (and hence make a copy) of source code
> to which I don't have permission to copy.

Basically, because special-casing electronic delivery to put the onus
of acquiring copyright license on the recipient instead of the
distributor is stupid; and a good judge tries to avoid obviously
stupid conclusions unless the legislature or a higher court forces
them on her.  US circuit courts, surprisingly enough, are sometimes
brave enough to do the right thing even when the stupid practice is
already common in the industry or a sister court has already suffered
a lapse; hence decisions like Specht v. Netscape, Fosson v. Palace
Waterland, and Walthal v. Corey Rusk.

- Michael

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