On mySimon: Pride and Prejudice and Zombies
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Re: GPL is not an EULA
Traditionally, the end user has always had the freedom to use any lawfully purchased copyrighted materials. For example, when you buy a book, you automatically have the right to read it. When you buy a DVD, you have the right to view the movie encoded upon it. When you buy a music CD, you have the right to listen to the music placed in your new CD. You do not need explicit permission to use your lawfully obtained materials, hence you do not need any "license" to give you permission to use/read/view/listen to these materials. You only need a license to do something which you are otherwise prohibited in doing without the license.


But here's the rub: none of the uses you cite involve copying.

When you buy software on a CD you're making a copy when you load it. How do you know? When you eject the CD you have the copy you purchased in your hand and another copy you just made on the PC.

So it's not quite the same as a newspaper or book, nor even a music CD. At least for now. There are people who think that necessary, incidental copying - like into RAM or onto a storage medium - should come under fair use. But I don't believe that's been codified and until it has this will remain a gray area.
Posted by: none none   Posted on: 04/23/04 You are currently: a Guest | Members login | Terms of Use
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Eben Moglen's Speech for Harvard Journal of Law & Technology  David Mohring | 04/22/04
Nice link!  Peter Komisar | 04/23/04
GPL has been through a lot of review  Chad_z | 04/22/04
GPL gains clout in German legal case  Loverock Davidson | 04/22/04
I have an idea!!!  Martin Marvinski | 04/22/04
I have an idea!!!  Loverock Davidson | 04/23/04
Re: GPL gains clout in German legal case  none none | 04/22/04
Prevents too much branching  CobraA1 | 04/22/04
You can use GPL programs in a commercial product...  rinaldo | 04/23/04
They have a pretty broad definition . . .  CobraA1 | 04/24/04
Why don't you put some substance  IT_User | 04/23/04
Ok...  bchesmer | 04/23/04
Sorry but I don't see it.  No_Ax_to_Grind | 04/23/04
huh  Daxx | 04/23/04
Don't use GPL software then...  rinaldo | 04/23/04
re gpl  Llandros Loressin | 04/23/04
Who cares Germany is closer to 3rd world  Enterprise Analyst | 04/23/04
In what? And who called it that?  FirstNLastN | 04/23/04
3rd World????  bchesmer | 04/23/04
Ford GT kicks BMW or Mercedes rear ends big time  voska | 04/24/04
Can't pass this one up...  Linux User 147560 | 04/23/04
I beg to differ on the Car quailty  voska | 04/24/04
Okay here...  Linux User 147560 | 04/24/04
Sure, keep thinking that....  boomslang_z | 04/25/04
Re: Germany  casimirartmann | 04/26/04
gpl like a spit hand shake  V Sanders | 04/23/04
Someone has been watching to much "Deadwood" on TV.  No_Ax_to_Grind | 04/23/04
Good for software licensing.  No_Ax_to_Grind | 04/23/04
Don't confuse GPL with EULA  Yagotta B. Kidding | 04/23/04
You are the one confused I think.  No_Ax_to_Grind | 04/23/04
Someone's confused  none none | 04/23/04
Nic cherry picking.  No_Ax_to_Grind | 04/24/04
Re: Nic cherry picking.  none none | 04/24/04
I see your point.  No_Ax_to_Grind | 04/24/04
Re: I see your point.  none none | 04/24/04
Licensing copyright, not "seats"  Robert Crocker | 04/23/04
Yes, sort of, and maybe.  No_Ax_to_Grind | 04/23/04
GPL is not an EULA  Root User | 04/23/04
Re: GPL is not an EULA  none none | 04/23/04
Exactly...  Root User | 04/23/04
Has been spelled out  azurensis | 04/27/04
The ONLY difference is the terms.  No_Ax_to_Grind | 04/24/04
you are getting into an interpretive issue.  B.O.F.H. | 04/24/04
What in the world are you talking about?  No_Ax_to_Grind | 04/24/04
Re: What in the world are you talking about?  none none | 04/24/04
Seems this court disagree's with you.  No_Ax_to_Grind | 04/24/04
Just an FYI  No_Ax_to_Grind | 04/24/04
Absolutely...  John L. Ries | 09/17/04
The terms are the terms.  No_Ax_to_Grind | 04/23/04
Re: The terms are the terms.  none none | 04/23/04
Not really true.  No_Ax_to_Grind | 04/24/04
Re: Not really true.  none none | 04/24/04
That is true of any software. Nothing special about the GPL.  No_Ax_to_Grind | 04/24/04
Re: That is true of any software. Nothing special about the GPL.  none none | 04/24/04
Sounds just like MS EULA's.  No_Ax_to_Grind | 04/24/04
I'm really tired of hearing about "strategy"  John L. Ries | 09/17/04

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