On 3/29/2010 3:29 PM, Alexander Terekhov wrote:
Recall that the FSF itself is on record: http://www.terekhov.de/Wallace_v_FSF_37.pdf
Yes, you have quoted this many times. But I do not think this means what you (pretend to) think it means. What the FSF has said is correct, but none of what it said supports the strange theories of anti-GPL cranks.
"In his Response, Plaintiff claims that FSF uses the GPL "to pool and cross-license [FSF's] intellectual property with others." However, as is evident on the face of the agreement itself, the GPL is not a "pooling" or "cross-licensing" agreement.
Yes, it is neither of those.
In fact, the GPL itself rejects any automatic aggregation of software
> copyrights under the GPL simply because one program licensed under > the GPL is distributed together with another program that is not > licensed under the GPL: "In addition, mere aggregation of another work > not based on the Program with the Program (or with a work based on the > Program) on a volume of a storage or distribution medium does not bring > the other work under the scope of this License." And this is also obviously true, as can be determined by reading the GPL.
http://legal-dictionary.thefreedictionary.com/ambiguity "Courts frequently interpret an ambiguous contract term against the interests of the party who prepared the contract and created the ambiguity. This is common in cases of adhesion contracts and insurance contracts. A drafter of a document should not benefit at the expense of an innocent party because the drafter was careless in drafting the agreement.
Fortunately the GPL carefully defines when a collective work must as a whole be licensed under the GPL and when it need not be. There is no ambiguity for computer programs statically linked with GPL-covered code, or with GPL-covered programs distributed as part of GNU/Linux distributions. It is true that anti-GPL cranks would like to claim that such ambiguity exists, but courts can read the text of the GPL and do not have to listen to the rantings of cranks except to dismiss them. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
