Hyman Rosen <hyro...@mail.com> writes: > On 2/26/2010 10:56 AM, RJack wrote: >> Alexander and I have gone to great lengths to explain to you the >> difference between a "condition precedent" and a "scope of use" >> condition. > > The GPL requires that its provisions be honored as a condition > of granting permission to copy and distribute a covered work. > One of the alternatives available to obtain permission is to > make source available upon request. If someone copies and > distributes a covered work using this provision but does not > intend to honor such requests, he is infringing the copyright > of the rights holders.
Actually I disagree here: if he does so "using this provision", he is violating not copyright, but his obligations to the copyright holder he subjected himself to voluntarily by "using this provision". Copyright is what gives the copyright holder the power to insist on the recipients' compliance, but once the recipient states to make use of the license, we are talking of "breach of license terms" rather than "breach of copyright", even though copyright enables the copyright holder to insist. GPLv2 more or less combined the two by automatically terminating the license upon non-compliance. But I don't think that this clause was ever actively pursued in court. -- David Kastrup _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
