Re: [PROPOSAL] Full text of GPL must be included
On 2 Dec 2000, Thomas Bushnell, BSG wrote:
> John Galt <galt@inconnu.isu.edu> writes:
>
> > First of all, knowledge is not that of the actors, but of the "reasonable
> > man". The .deb archive standard contents were decided on when Debian was
> > still a FSF project, and they certainly haven't been modified to remove
> > the license after the separation. Thus the decision to not have the GPL
> > within the .deb archive was made with the participation of the FSF. If
> > RMS didn't know, it was because he was not a "reasonable man", and not
> > because he had no means of knowing.
>
> Debian was not materially an FSF project; RMS payed Ian for a very
> brief period of time. Nor in this case is it a "reasonable man"
> standard, because it's not negligence that is going on, but estoppel.
www.ll.georgetown.edu/Fed-Ct/Circuit/fed/opinions/97-1425.html
Reasonable man and estoppel are linked, and a choice quote:
A delay of more than six years raises a presumption that it is
unreasonable, inexcusable, and prejudicial.
_Wanlass_ (the URL above) refers to _Kodak_ 114 F.3d 1547, 1559, 42 USPQ2d
1737, 1745 (Fed. Cir. 1997 where they quote "known or in the exercise of
reasonable diligence should have known"
> It's actual knowledge, because the question is actual implied
> permission. A copyright owner, to preserve all their rights, must
> assiduously enforce copyright violations they are aware of; there is
> no requirement that they enforce violations they do not know about.
See Wollensak v. Reiher, 115 U.S. 96, 99 (1885). See also USC Title 17,
section 507
* (b) Civil Actions. - No civil action shall be maintained under the
provisions of this title unless it is commenced within three years
after the claim accrued.
I think the claim's been sunset.
> Thomas
>
>
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--
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Who is John Galt? galt@inconnu.isu.edu, that's who!
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