Date: Wed, 10 Apr 2002 04:41:24 -0700 From: Terry Lambert <tlambert2@mindspring.com> To: Rahul Siddharthan <rsidd@online.fr> Cc: freebsd-chat@FreeBSD.ORG Subject: Re: Use/Utilize Message-ID: <3CB424E4.629016E0@mindspring.com> References: <3CB2125B.8F11C442@mindspring.com> <200204090020.g390KTPL059689@grimreaper.grondar.org> <3CB2733E.F98DD29B@mindspring.com> <20020409132012.F48437@lpt.ens.fr> <3CB3737A.1551931@mindspring.com> <20020410043451.GA1013@lpt.ens.fr> <3CB3DF33.5B677641@mindspring.com> <20020410073309.GA279@lpt.ens.fr> <3CB41997.214F408C@mindspring.com> <20020410130629.A16154@lpt.ens.fr>
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Rahul Siddharthan wrote: > Possibly misuse of language within the community, but not in the two > licences in question, which are all that matter. Without compliance with the license in consideration for the rights granted by the license, there is no exchange of consideration, and therefore no contract. Without a contract, there is no transfer of rights for you to use the code -- no matter which definition of "use" you choose this week. Without a transfer of rights which are reserved to the copyright holder, you can not use the code (again, no matter what definition you use), except as specifically allowed in U.S.C. 17, under the doctorine of "fair use". Therefore, either you use the code in accordance with the license, or your use constitutes *either* breach of contract *or* violation of Copyright. Pick one to describe the illegal act. > But the people who should be worried are the people who are writing > code mixing the two licences; they should read those licences first, > and then there will be no doubt about the meaning. Yes, no doubt: it is not possible to comply with both licenses simultaneously because of section 6 of the GPL, which requires that you perform an act for which the right has not been granted (or assigned by license) to you by the copyright holder: relicensing the code under the GPL. This is true for *any* code under any of the licenses which the FSF erroneously claims are compatible, but which are not themselves the GPL, an intentional dual license, or public domain: http://www.gnu.org/licenses/license-list.html#GPLCompatibleLicenses -- Terry To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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