Re: GNU License Question, On Change of Code

From: Peter T. Breuer (ptb_at_lab.it.uc3m.es)
Date: 02/04/05 

Date: Fri, 4 Feb 2005 19:55:34 +0100

David Schwartz <davids@webmaster.com> wrote:
>
> "Peter T. Breuer" <ptb@lab.it.uc3m.es> wrote in message
> news:jptbd2-bjd.ln1@news.it.uc3m.es...
>
> > David Schwartz <davids@webmaster.com> wrote:
>
> >> No, this is not true. The GPL is not a shrink wrap agreement. You
> >> have
> >> the right to use it under first sale, and do not need the GPL to grant
> >> you
> >> that right.
>
> > Nobody in possession of the code has sold you the code, because it is
> > not theirs to sell if they did not receive it under GPL - it is the
> > authors code and not theirs and they have no rights over it to sell to
> > you.
>
> That is not true. First sale gives the lawful possessor of a work the
> right to sell it.

Tough - nobody sold it to you (at best what are sold are certain rights
even in the case that somebody des sell you smething, which they
didn't).

> > But if they receive it under GPL, then they may sell it to you (they
> > received that right under the GPL) but will have to bind you to the
> > conditions of the GPL if they do so, because that's what the GPL says.
>
> No, this is not so. The right to transfer a lawfully acquired work comes
> from the acquisition itself. It is not granted by license or agreement.

Tough - you didn't acquire it lawfully.

> > I wish you would stop this!
>
> Stop what? Correcting an error you insist on repeating?

I simply will not go on repeating what you seem unable to understand.

> If I lawfully acquire, say, a CD,

You don't. Try returning it after opening it pointing out that it has
not been used.

> and have signed no contracts or
> agreements restricting what I can do with the content of that CD, then
> copyright law grants me certain rights.

Unfortunately, copyright law does not allow you any rights of copying,
except minor snatches for purposes of criticism, teaching, etc. That's
all. SO whatever YOU are referring to, it isn't anything.

> These are referred to as "first
> sale" rights.

Unfortunately nobody sold you any rights. I wish you could get it
through your head! Either you got the copy under GPL, or you did not
get it at all. Stop cutting every time I quote from the GPL.

> They include the right to use the work as that use is normally

No - you bought a work under licence, and you must abide by the
licence, or else the sale is void and you did not buy anything and
you have no rights at all.

Snip (since you snip everything yu don't want to look at!)>

Peter

Relevant Pages

  • Re: Who owns KISS?
    ... seems to be split opinions that Gene and Paul sold the rights a long time ... but nobody can say who they sold it to and exactly when. ... KISS Catalog Ltd. ...
    (rec.music.artists.kiss)
  • Re: Who owns KISS?
    ... seems to be split opinions that Gene and Paul sold the rights a long time ... but nobody can say who they sold it to and exactly when. ... KISS Catalog Ltd. ...
    (rec.music.artists.kiss)
  • Re: Copyleft and embedded Forth
    ... rights of another. ... So, availability of source and free license to use, modify and redistribute ... in addition the most active users may become developers. ... You have to choose to use GPL software. ...
    (comp.lang.forth)
  • Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3
    ... This is what I mean by the "the spirit of the GPL". ... the license, but the intent of the person who *chose* the license. ... interpretations of the GPLv2 as it *APPLIES* to their code. ... rights that you have" means really *all* the rights and abilities! ...
    (Linux-Kernel)
  • Re: Software licenses and releasing Python programs for review
    ... rights not to the creator of some code, ... trusts, public corporations, limited corporations, etc.) ... moment is programmer A releases a project under the gpl. ... comparison to say, a BSD style license, grants power to the code. ...
    (comp.lang.python)
Loading