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Re: [LUG] Don't compare physical objects and software.

 

Paul Weaver wrote:
> Indeed, the question is if I don't accept the GPL, am I allowed to run
> the code? Nothing else gives me permission to copy the program (even
> into memory)

You don't have to accept the GPL until you distribute. Whether you
accept it or not, the GPL is in force because you downloaded software
covered by the GPL. The GPL gives you the right to make whatever copies
you need whether you accept it or not. i.e. Independent of your views of
the GPL, nobody can protest at your use of GPL code *until* you
distribute a modified version. You can distribute an unmodified version
because that will automatically comply with the GPL (it is unchanged).

>> Few people on this list need to actually agree to the GPL. Kai and I
> 
> Creating "hello world", and linking it to libc, would require you agree
> to the LGPL though. 

No, only to distribute the binary with source code.

> Well, I could say I'm distributing without a license

No, because if the downloaded software was covered by the GPL, it is
STILL covered by the GPL when you distribute it, whether or not you
accept the licence because anyone who downloads the software from you
has all the rights under the GPL that you or I would have. That's the
"third-party" part of the licence. Read the GPL FAQ.

> , in which case
> copyright law would apply instead of the GPL (and if I distribute it
> without agreeuing to the license terms, thats exactly what I'm doing)

No because the licence is in effect whether or not you accept it.

> However nothing else gives me permission to copy the program, including
> into memory.

The GPL gives you that permission, whether you want it or not. You
cannot refuse to accept something that GRANTS you a right. Under UK/USA
law, you can only refuse something that DENIES you a right. If the
copyright holder specifically and explicitly grants certain rights under
the GPL, ALL of those rights are granted to ANYONE who receives the work
within the other conditions laid down by the copyright holder.

You can, of course, refuse to take up that right but that is NOT the
same as refusing the right itself. You have the right to vote. You
cannot deny that you have that right (that would be perjury), you cannot
surrender it, transfer it or refuse to accept it. All you can do is
refuse to *utilise* that right. You can have the right taken away from
you, also without any requirement for you to have accepted the right or
accepted the loss of the right.

If you later on decide to vote, nobody can prosecute you because you
"failed to accept the right to vote when it was offered to you".

>> Anyone appointed by the company to install the
>> copyrighted work is empowered by that company to act on behalf of the
>> company, including in executing legally binding agreements that are a
>> necessary and expected part of that work.
> 
> I haven't been specifically told that I can accept a given contract, and
> I always play safe when it comes to legal agreements.

You don't have to. It's part of employment law. It is part, therefore,
of any contract of (or for) employment. Any contract that prevented you
from doing this would break UK law and would therefore be null and void.

During the time that I work as a self-employed contractor for any
client, I am also implicitly empowered to act on behalf of that company
within certain areas that relate to my specific skills.

> Presumably they argued that it damaged the companies image as people he
> sold to knew he worked for that company

Yes, and that he used his privileged position within the company to
advance his own financial rewards - because some of the people who
bought his illicit goods were customers of the company whom he would not
have met outside his employment.

> I have to read it and understand it. As it's a legal document it's
> probably useful to get a lawyer involved to explain the legal stuff. 

Then read the GPL FAQ.

-- 

Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/


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