Hyman Rosen wrote: [...] > Yes. Preemption would apply when state law attempted to restrict > what is otherwise permitted in terms similar to copyright. But the > GPL does not restrict any behavior permitted by unadorned copyright > law, and therefore preemption is irrelevant to the GPL.
The "unadorned" copyright doesn't not put restrictions on terms and conditions of licensing of the new copyright in a derivative work (which is exclusive rights and which belongs to the author of derivative work) "to all third parties" thereby creating a right against the world governed under state law of contract akin to the GPL. In the EU terms, that's article 81: "The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market, and in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions" To wit: http://www.gnu.org/gnu/manifesto.html "GNU will remove operating system software from the realm of competition." Go to doctor, Hyman. regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
