Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread John Hasler
David Kastrup wrote: > The software still comes with something like a "if you don't accept, > return this for a refund" IIRC. Meaning, of course, return the copy of the software. Copies are tangible objects. The copy is embodied in the computer. If you don't like the terms return the copy: i.e.

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread Hyman Rosen
David Kastrup wrote: The software still comes with something like a "if you don't accept, return this for a refund" IIRC. Yes, that's what I meant by "inartfully written". The OEM terms should have been that if you don't accept any part of the system, you can return the whole thing for a refund

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread David Kastrup
Hyman Rosen <[EMAIL PROTECTED]> writes: > David Kastrup wrote: >> People have tried backing out of the shrink-wrap of bundled OEM Windows. >> More often than not, it takes considerable hassle and going to court. > > That's because they're buying a bundle, which isn't necessarily > separable into p

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread Hyman Rosen
Alexander Terekhov wrote: Every interesting court case has people commenting about it favorably and unfavorably. None of that changes the

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread Hyman Rosen
David Kastrup wrote: People have tried backing out of the shrink-wrap of bundled OEM Windows. More often than not, it takes considerable hassle and going to court. That's because they're buying a bundle, which isn't necessarily separable into parts. They would have much less trouble returning t

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread rjack
Hyman Rosen wrote: David Kastrup wrote: Terms which you have to agree to before being able to see them? Yes, as long as you can back out after seeing them and not be forced to pay. The court said that having terms that are not visible is routine. For example, appliances come with limited warra

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread Alexander Terekhov
Hyman Rosen wrote: [...] > > > Appellate Judge Hoeren (Court of Appeal of Dusseldorf, Copyright Sen

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread Hyman Rosen
Alexander Terekhov wrote: http://www2.verizon.net/micro/actiontec/actiontec.asp http://blog.internetnews.com/skerner/2008/06/verizon-ceo-doesnt-know-about.html

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread David Kastrup
Hyman Rosen <[EMAIL PROTECTED]> writes: > David Kastrup wrote: >> Terms which you have to agree to before being able to see them? > > Yes, as long as you can back out after seeing them and > not be forced to pay. People have tried backing out of the shrink-wrap of bundled OEM Windows. More often

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread Hyman Rosen
David Kastrup wrote: Terms which you have to agree to before being able to see them? Yes, as long as you can back out after seeing them and not be forced to pay. The court said that having terms that are not visible is routine. For example, appliances come with limited warranties but don't make

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread Alexander Terekhov
David Kastrup wrote: [...] > Well, the cases so far boil down to: 1. Ignoring jurisdictional requirement SFLC files a complaint (warranting atomatic dismissal). 2. Shortly thereafter SFLC moves to dismiss the case WITH PREJUDICE against own clients (without any stipulation of settlement). 3. A

Re: When is a GPL program which runs in a web site 'conveyed'?

2008-07-10 Thread David Kastrup
Hyman Rosen <[EMAIL PROTECTED]> writes: > David Kastrup wrote: >> In a jurisdiction without copyright law but with >> contract law, the GPL is a meaningless piece of paper. > > Not that there is such a place. But the ProCD case has > shown that courts will honor shrinkwrap licenses, But the GPL