Re: Open source licenses are /actually/ contracts?!?

2007-08-27 Thread Tim Tyler
Alexander Terekhov wrote: Tim Tyler wrote: If they were contracts, you would have to sign them ... You're misinformed, that is just one of many forms to manifest assent. Assent may be manifested by written or spoken words, or by conduct. See also http://crynwr.com/cgi-bin/ezmlm-

Re: Open source licenses are /actually/ contracts?!?

2007-08-27 Thread Tim Tyler
Alexander Terekhov wrote: Tim Tyler wrote: Alexander Terekhov wrote: Tim Tyler wrote: If they were contracts, you would have to sign them ... You're misinformed, that is just one of many forms to manifest assent. Assent may be manifested by written or spoken words, or by conduct. See

Re: Open source licenses are /actually/ contracts?!?

2007-08-27 Thread Tim Tyler
Alexander Terekhov wrote: Which license are you talking about? The [L]GPL (both 2 and 3) purports to impose a whole bunch of covenants ("conditions" but not "conditions precedent") upon licensees. See, for example http://www.actonline.org/library/GPLv3-Contract-or-Copyright.html "Accordingl

Re: Open source licenses are /actually/ contracts?!?

2007-08-27 Thread Tim Tyler
Alexander Terekhov wrote: Tim Tyler wrote: [...] The [L]GPL (both 2 and 3) purports to impose a whole bunch of covenants ("conditions" but not "conditions precedent") upon licensees. >> No it doesn't. [...] "Regardless of what server hosts the Corresp

Re: Open source licenses are /actually/ contracts?!?

2007-08-28 Thread Tim Tyler
Alexander Terekhov wrote: Tim Tyler wrote: [...] You have no right to redistribute the software - with or without the source code - under copyright law, unless such freedom is granted by a license. Stop being such an idiot, Tyler. From "Understanding Open Source and Free Software Lice

Re: Open source licenses are /actually/ contracts?!?

2007-08-28 Thread Tim Tyler
Re: http://www.theregister.co.uk/2007/08/24/open_source_railroad/ These guys have stripped out the header notices - can't they get them under the DMCA copyright law? ``Provision 4: Removing copyright management information -- The fourth pro

Re: Open source licenses are /actually/ contracts?!?

2007-08-28 Thread Tim Tyler
The saga: http://jmri.sourceforge.net/k/docket/ The ruling: http://jmri.sourceforge.net/k/docket/158.pdf One bit not mentioned in the news stories: Although Defendants represent that they have voluntarily ceased all potentially infringing activities utilizing any of the disputed mat

Re: Open source licenses are /actually/ contracts?!?

2007-08-28 Thread Tim Tyler
Alexander Terekhov wrote: Tim Tyler wrote: Re: http://www.oreilly.com/catalog/osfreesoft/book/ch06.pdf (Chapter 6: Legal Impacts of Open Source and Free Software Licensing) ``This issue has obvious application to the open source and free software licenses already discussed. Staying

Re: Open source licenses are /actually/ contracts?!?

2007-08-28 Thread Tim Tyler
Alexander Terekhov wrote: An intellectual property license is a contract. In re: Aimster Copyright Litigation, > 334 F.3d 643, 644 (7th Cir. 2003) ("If a breach of contract (and a copyright license is just a type of contract) . . . "); see also McCoy v. Mitsuboshi Cutlery, Inc., > 67 F.3d 9

Re: Open source licenses are /actually/ contracts?!?

2007-08-28 Thread Tim Tyler
Arnoud Engelfriet wrote: On 2007-08-28, Tim Tyler <[EMAIL PROTECTED]> wrote: Users do not agree to *anything* by the act of copying something. The worst that can happen is that they can subsequently be sued for copyright violation - since the user can simply claim that they never bothe

Re: Open source licenses are /actually/ contracts?!?

2007-08-28 Thread Tim Tyler
Alexander Terekhov wrote: Tim Tyler wrote: *If* the user agreed to a contract by simply copying, the world would be full of court cases where SlimeSoft had included in the small print of its license agreement: "And by the act of copying this software, you hereby agree to sell all

Re: The death of the GPL and "Free Software"

2007-11-07 Thread Tim Tyler
rjack wrote: Google just announced the end of the GPL and the Free Software Foundation's "viral" FUD. http://blogs.zdnet.com/Burnette/?p=428 A ridiculous subject line. -- __ |im |yler http://timtyler.org/ [EMAIL PROTECTED] Remove lock to reply. ___

Re: GOOG's Android gambit [was: Re: The death of the GPL and "Free Software"]

2007-11-15 Thread Tim Tyler
Alexander Terekhov wrote: It is worth nothing that Sun has never made available a public list of the IP they own and that you need to license in order to legally be able to run Java (personally, I think they don't know themselves: such things are really tricky to figure out, even internally).