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2005-08-10 Thread Emmanuel




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Re: Licensing question about the BSD

2005-08-10 Thread Alexander Terekhov

John Hasler wrote:
[...]
> I think you might get away with literally doing that without infringing the
> copyright[1] with actual pieces of paper.  However, their is no equivalent
> for machine-readable media (except perhaps paper tape or punched
> cards). It's also so impractical as to be moot.

Can you grasp the idea that one can *save* downloads (lawful 
electronic distribution) of "computer program" literary works on 
whatever machine-readable media, and even include multiple works 
on the same material object like HDD, diskette, or CD, and even 
aggregate multiple works in one single archive, compressed folder, 
"executable", or whatnot conglomerate of multiple works), all 
without infringing anyones copyright?

> 
> [1] There might be a problem with the exclusive right to create
> derivatives.  

http://google.com/[EMAIL PROTECTED]

regards,
alexander.
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Re: Licensing question about the BSD

2005-08-10 Thread John Hasler
David Kastrup writes:
> And if you think you can circumvent the reprinting permission by taking
> hold of a few cubic feet of actual copies, then cutting and pasting from
> them by a mechanical process, I very much doubt that the nominal
> possession of the physical copies will save you from having to obtain the
> copyright holders' permission for the resulting publication.

I think you might get away with literally doing that without infringing the
copyright[1] with actual pieces of paper.  However, their is no equivalent
for machine-readable media (except perhaps paper tape or punched
cards). It's also so impractical as to be moot.


[1] There might be a problem with the exclusive right to create
derivatives.  There is also the problem of taking hundreds of copies when
the distributor clearly intended one copy per customer, but that's not
related to copyright.  
-- 
John Hasler 
[EMAIL PROTECTED]
Dancing Horse Hill
Elmwood, WI USA
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Re: inhouse forking?

2005-08-10 Thread Alexander Terekhov

John Hasler wrote:
[...]
> No.  In fact, you don't have to make your changes public even if you do
> sell it: you just have to provide the to your customers.

Are you GNUtian or not, Hasler? If yes, you should urgently take the 
FSF's license-quiz http://www.gnu.org/cgi-bin/license-quiz.cgi (Q6).

Well, I'm just curious what's your total "license-quiz" score... care 
to share? 

regards,
alexander.
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Re: Licensing question about the BSD

2005-08-10 Thread Alexander Terekhov

Alexander Terekhov wrote:
[...]
> SmartDownload could be analogized to a free neighborhood newspaper,
> readily obtained from a sidewalk box or supermarket counter without
> any exchange with a seller or vender. It is there for the taking.

I hear that (plonked) GNUtian dak continues to exhibit strong symptoms
of incurable cluelessness (typical among GNUtians). Well, for the sake 
of any possible benefit to anyone else, here's some clue: 

http://google.com/[EMAIL PROTECTED]

regards,
alexander.
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Re: inhouse forking?

2005-08-10 Thread fogelsharp
Thank you!

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Re: inhouse forking?

2005-08-10 Thread John Hasler
fogelsharp writes:
> If I download a software (source code, for example linux) licensed under
> GPL and I change some code (for example because I dislike something) but
> do not plan to sell or distribute it: I just want to use my changes on my
> computer: Do I have to make my changes public anyway?

No.  In fact, you don't have to make your changes public even if you do
sell it: you just have to provide the to your customers.
-- 
John Hasler 
[EMAIL PROTECTED]
Dancing Horse Hill
Elmwood, WI USA
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Re: inhouse forking?

2005-08-10 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> fogelsharp wrote:
> [...]
>> > Google for "GPL FAQ", I think this is covered.
>> 
>> Thank you very much! I'll read the FAQ!
>
> Read also Michael K. Edwards' 50+ pages of utter devastation (legal)
> to the GPL FAQ.

Which will become relevant if you use software copyrighted by Mr
Edwards and licensed under the GPL, or if Mr Edwards agrees to pay all
damages should you lose in court after heeding his advice.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum
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Re: Licensing question about the BSD

2005-08-10 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> Alexander Terekhov wrote:
> [...]
>> Gifts
>
> I hear that (plonked) GNUtian dak (still***) seems to be unaware that 
> "attached conditions" for downloads (I mean electronic distribution) 
> become binding only via affirmative action on part of recipient. 
> Territorial hints aside for a moment, he might (finally) want to read 
> Specht v. Netscape Communications Corp.
>
> http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF
>
> 
>
> unlike the user of Netscape Navigator or other click-wrap or shrink-
> wrap licensees, the individual obtaining SmartDownload is not made 
> aware that he is entering into a contract. SmartDownload is available 
> from Netscape's web site free of charge. Before downloading the
> software, the user need not view any license agreement terms or even 
> any reference to a license agreement, and need not do anything to 
> manifest assent to such a license agreement other than actually 
> taking possession of the product. From the user's vantage point, 
> SmartDownload could be analogized to a free neighborhood newspaper, 
> readily obtained from a sidewalk box or supermarket counter without 
> any exchange with a seller or vender. It is there for the taking.

The newspaper is, but not its contents.  You may not take parts of it
and reprint and reproduce them.

And if you think you can circumvent the reprinting permission by
taking hold of a few cubic feet of actual copies, then cutting and
pasting from them by a mechanical process, I very much doubt that the
nominal possession of the physical copies will save you from having to
obtain the copyright holders' permission for the resulting
publication.

There is a reason that the law is not interpreted by computers, but by
humans.  Circumvention sounds like a good idea until you get a judge
annoyed.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum
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Re: inhouse forking?

2005-08-10 Thread Alexander Terekhov

fogelsharp wrote:
[...]
> > Google for "GPL FAQ", I think this is covered.
> 
> Thank you very much! I'll read the FAQ!

Read also Michael K. Edwards' 50+ pages of utter devastation (legal) to 
the GPL FAQ. Drop a note to M.K.Edwards at gmail.com at ask for a copy
of "Will the Real GNU GPL Please Stand Up?"

regards,
alexander.
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Re: Licensing question about the BSD

2005-08-10 Thread Alexander Terekhov

Alexander Terekhov wrote:
[...]
> Gifts

I hear that (plonked) GNUtian dak (still***) seems to be unaware that 
"attached conditions" for downloads (I mean electronic distribution) 
become binding only via affirmative action on part of recipient. 
Territorial hints aside for a moment, he might (finally) want to read 
Specht v. Netscape Communications Corp.

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



unlike the user of Netscape Navigator or other click-wrap or shrink-
wrap licensees, the individual obtaining SmartDownload is not made 
aware that he is entering into a contract. SmartDownload is available 
from Netscape's web site free of charge. Before downloading the
software, the user need not view any license agreement terms or even 
any reference to a license agreement, and need not do anything to 
manifest assent to such a license agreement other than actually 
taking possession of the product. From the user's vantage point, 
SmartDownload could be analogized to a free neighborhood newspaper, 
readily obtained from a sidewalk box or supermarket counter without 
any exchange with a seller or vender. It is there for the taking.

[...]

Unlike most of his fellow Plaintiffs, Michael Fagan alleges that he 
obtained SmartDownload from a shareware web site established and 
managed by a third party. Defendants dispute Fagan's allegations, 
insisting that the record shows that he must have obtained 
SmartDownload from Netscape's web site in the same manner as the 
other Plaintiffs discussed above. I need not resolve this factual 
dispute. If Fagan in fact obtained SmartDownload from the Netscape 
site, his claims are equally subject to my earlier analysis. If, 
however, Fagan's version of events is accurate, his argument against 
arbitration is stronger than that of the other Plaintiffs. While 
Netscape's download page for SmartDownload contains a single brief 
and ambiguous reference to the License Agreement, with a link to the 
text of the agreement, the ZDNet site15 contains not even such a 
reference. The site visitor is invited to click on a hypertext link 
to "more information" about SmartDownload. The link leads to a 
Netscape web page, which in turn contains a link to the License 
Agreement. Assuming, for the sake of argument, that Fagan obtained 
SmartDownload from ZDNet, he was even less likely than the other
Plaintiffs to be aware that he was entering into a contract or what 
its terms might be, and even less likely to have assented to be 
bound by the License Agreement and its arbitration clause. 
Therefore, Plaintiff Michael Fagan cannot be compelled



***) http://google.com/[EMAIL PROTECTED]

regards,
alexander.
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Re: inhouse forking?

2005-08-10 Thread fogelsharp

David Kastrup wrote:
> "fogelsharp" <[EMAIL PROTECTED]> writes:
>
> > I do have a basic question about the GPL: If I download a software
> > (source code, for example linux) licensed under GPL and I change some
> > code (for example because I dislike something) but do not plan to sell
> > or distribute it: I just want to use my changes on my computer: Do I
> > have to make my changes public anyway?
>
> No.
>
> Google for "GPL FAQ", I think this is covered.

Thank you very much! I'll read the FAQ!

> 
> -- 
> David Kastrup, Kriemhildstr. 15, 44793 Bochum

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Re: inhouse forking?

2005-08-10 Thread David Kastrup
"fogelsharp" <[EMAIL PROTECTED]> writes:

> I do have a basic question about the GPL: If I download a software
> (source code, for example linux) licensed under GPL and I change some
> code (for example because I dislike something) but do not plan to sell
> or distribute it: I just want to use my changes on my computer: Do I
> have to make my changes public anyway?

No.

Google for "GPL FAQ", I think this is covered.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum
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Re: inhouse forking?

2005-08-10 Thread Alfred M\. Szmidt
You only have to distribute the changes to the people who recive a
compiled version of your program.


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inhouse forking?

2005-08-10 Thread fogelsharp
Dear community
I do have a basic question about the GPL: If I download a software
(source code, for example linux) licensed under GPL and I change some
code (for example because I dislike something) but do not plan to sell
or distribute it: I just want to use my changes on my computer: Do I
have to make my changes public anyway? Although I think nobody would
ever like my changes? 
Thank you very much!
\\fogelsharp

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