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From: | Hyman Rosen |
Subject: | Re: Artifex v. Diebold: "The GPL is non-commercial!" |
Date: | Tue, 03 Feb 2009 18:11:18 -0500 |
User-agent: | Thunderbird 2.0.0.18 (Windows/20081105) |
Alexander Terekhov wrote:
Q: Am I bound by the GPL, by merely downloading, without affirmatively accepting the GPL, yes or no?
No.
Suppose that right now I've made a hardcover copy of a work affirmatively made available to me (I've affirmatively accepted the license contract) under the license to make only paperback copies. Q: Am I violating the scope of the license by making hardcover copies instead of (agreed) paperbacks only?
Yes.
What does this have to do with the GPL, Hyman?
You can't make copies of GPLed code and convey those copies to others unless you do so under the terms of the GPL. You may be able to invoke a first sale claim if you convey a copy that you have downloaded from a site that was distributing the code properly. You may even be able to invoke the first sale claim if you do this over and over. You cannot do this by making your own copies from the downloaded file.
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