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Date:      Mon, 08 Apr 2002 15:04:31 -0700
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Greg Pavelcak <gpav@som.umass.edu>
Cc:        freebsd-chat@FreeBSD.ORG
Subject:   Re: Use/Utilize
Message-ID:  <3CB213EF.C1AD30FF@mindspring.com>
References:  <20020405183857.GA58446@oitunix.oit.umass.edu> <3CAE30C6.51C811DA@mindspring.com> <20020407211321.GA223@tower.my.domain> <3CB0E88E.828850F7@mindspring.com> <20020408123111.GA65569@oitunix.oit.umass.edu>

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Greg Pavelcak wrote:
> I can assure you I missed it.  I haven't read the GPL. That doesn't make
> this an example of what I was looking for.  The issue at hand for me is
> whether cases of use and of utilization are coextensive.  If they are,
> then, even if they have different meanings, I don't see how the
> distinction could be very interesting legally.  Whether the GPL conflates
> source code and binaries is a complication unrelated to the question I
> originally posed.  I should have said `Ignoring the GPL for
> the moment ...'

Ah... somone who has studied law... ;^).

On the contrary; the conflation of source and binary distribution
is what makes it possible to say that one may "use" the code, but
not be permitted to "utilize" the code.

For a software engineer interested in code reuse, it's more important
to be able to utilize the code than it is to be able to use it.  But
the fact that the distribution of binaries has been conflated with
the distribution of source code means that I now lack the ability to
put to use binary code alone, that I can not utilize the code in
particular ways.

-- Terry

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