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Re: Distributing GPL software.



On 1/12/06, Alexander Terekhov <alexander.terekhov@gmail.com> wrote:
> On 1/12/06, Andrew Suffield <asuffield@debian.org> wrote:
> > On Wed, Jan 11, 2006 at 09:44:32PM +0000, Daniel Carrera wrote:
> > > Is there any way out of this? I'm not modifying the source at all. I
> > > just download the tar.gz file and put it on a CD.

http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF

"Netscape argues that the mere act of downloading indicates
assent. However, downloading is hardly an unambiguous indication
of assent. The primary purpose of downloading is to obtain a
product, not to assent to an agreement. ... Netscape's failure
to require users of SmartDownload to indicate assent to its
license as a precondition to downloading and using its software
is fatal to its argument that a contract has been formed."

> > > Does this clause mean that everyone who is giving out OpenOffice or
> > > Knoppix CDs is breaking the law?
> >
> > You aren't required to give copies of the source to
> > everybody. However, if somebody gives you a Knoppix CD, and you ask
> > for the source, and they *refuse* (and don't exercise any of the other
> > options either), then they would be breaking the law.
>
> Bullshit. Go read 17 USC 109. That's the law.

http://cryptome.org/softman-v-adobe.htm) cited Specht v.
Netscape, BTW. Read it.

regards,
alexander.



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