Re: You can't get a copy unless you accept the GPL [was: Re: libkrb53 (original) (raw)

On Sun, 6 Jun 2004 10:45:59 -0700 Adam McKenna wrote:

On Sun, Jun 06, 2004 at 11:08:50AM +0200, Francesco Poli wrote:

On Fri, 4 Jun 2004 23:25:18 -0700 Adam McKenna wrote:

the reason you can copy a file which has been released under the GPL without accepting the GPL is because you are explicitly granted that right by the GPL.

I don't think so: you are not granted any right by a license, unless you accept the license itself. Hence, I don't see how could the GPL grant any right to make copies to someone who is not willing to accept the GPL itself.

Please read the GPL, specifically sections 5 and 6. You only have to accept the license if you wish to modify or distribute the work.

Ooops. I apologize for not having recalled this.

I'm not going to participate in any more semantic arguments or legal 101 on what the definitions of the words 'distribute' or 'copy' are.

Could you please provide a good reference to some clear definition? I hope I know the difference, but I'd better check anyway... :p

If you are confused about copyrights in general, please go to http://www.loc.gov/copyright and read the text entitled "copyright basics".

Well, now I'm a bit confused. At http://www.copyright.gov/circs/circ1.html I read the following:

é[ Section 106 of the 1976 Copyright Act generally gives the owner of [ copyright the exclusive right to do and to authorize others to do the [ following: [ [ * To reproduce the work in copies or phonorecords; ...

AFAIK the reasoning behind GPL#5 is that only the license gives me some rights, hence I must have implicitly accepted it, if I exercise those rights. U.S. Copyright law (and many other copyright laws, I suppose) lists the right to make copies as one of the copyright owner's exclusive rights.

That would bring me to the conclusion that I must accept the GPL in order to make a copy of a GPL'd work.

See for example GPL#4:

[ 4. You may not copy, modify, sublicense, or distribute the Program [ except as expressly provided under this License.

On the other hand GPL#5 itself says I'm required to accept the GPL only in order to distribute or modify...

Could you explain how's that possible?

-- | GnuPG Key ID = DD6DFCF4 | You're compiling a program Francesco | Key fingerprint = | and, all of a sudden, boom! Poli | C979 F34B 27CE 5CD8 DC12 | -- from APT HOWTO, | 31B5 78F4 279B DD6D FCF4 | version 1.8.0

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