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Re: GPL, yet again. (The kernel is a lot like a shared library)

On Tue, Sep 13, 2005 at 09:51:29PM +0200, Alexander Terekhov wrote:
Alexander> On 9/12/05, Yorick Cool <yorick.cool@fundp.ac.be> wrote:
Alexander> [...]
Alexander> > Well, either you consider the FSF's positions are authoritative and then you have to
Alexander> > accept them all (including the dynamic linking business), or you admit
Alexander> > you can depart with any of their assertions. 
Alexander> And where can I find more details on this rather curious legal doctrine?

It's called logic. Or consistency. Take your pick.

Alexander> > And, as an aside, in civil law at least, the court has full power as to how to qualify an
Alexander> > act -- say it is a contract, or license, or whatever -- but is bound by the parties intent
Alexander> > of the act's intended effects, in the limit of what the law allows.
Alexander> Oh yeah. As if FSF.org might sue me in my home EU court alleging GPL violation 
Alexander> regarding linking... Dream on. They have no balls. But just in case... per Rome 
Alexander> Convention on the law applicable to contractual obligations, I'll
Alexander> simply trigger
Alexander> straight-away US doctrine of copyright misuse (licensor's home law). Bye-bye 
Alexander> FSF's copyrights on [L]GPL'd works. Long live [L]GPL-copyright impotent FSF.

You are aware that the FSF is not the only GPL licensor, right?
Yorick Cool
Chercheur au CRID
Rempart de la Vierge, 5
B-5000 Namur
Tel: + 32 (0)81 72 47 62 /+32 (0)81 51 37 75
Fax: + 32 (0)81 72 52 02

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