On 4/13/2010 1:34 PM, Alexander Terekhov wrote:
http://www.gnu.org/licenses/gpl.html "by [blah-blah], you indicate
your acceptance of this License"
http://en.wikipedia.org/wiki/Offer_and_acceptance#Communication_of_acceptance
"It may be implied from the construction of the contract that the
offeror has dispensed with the requirement of communication of
acceptance ... acceptance may be inferred from conduct"
If someone copies and distributes GPL-covered code, it may be assumed
that he accepts the GPL since he has no other permission to do so. If
he wishes to claim that he did not accept the GPL, that's fine. He
has then infringed on the copyrights of the covered work.
17 U.S.C. ยง 109(a)
The defendants are not distributing first-sale copies. They are
copying and distributing GPL-covered works without complying with the
GPL, and are therefore infringing on the copyright of the covered
works.