Manifestation of Assent
Lawrence E. Rosen
lrosen at rosenlaw.com
Wed Oct 30 06:09:37 UTC 2002
I specifically did not address the GPL. Its authors expect it to be
treated simply as a copyright license. Their opinion is available at
the FSF.org website.
I do not believe I have the right to make unauthorized copies or
derivative works of GPL-licensed software. Just in case it's needed,
the previous sentence is a manifestation of my assent.
I speak only about licenses that are unabashedly contracts.
> -----Original Message-----
> From: Greg Pomerantz [mailto:gmp at alumni.brown.edu]
> Sent: Tuesday, October 29, 2002 10:10 PM
> To: lrosen at rosenlaw.com
> Cc: 'Noah Levitt'; license-discuss at opensource.org
> Subject: Re: Manifestation of Assent
> > > From: Noah Levitt [mailto:nlevitt at computer.crynwr.com] On
> > > In your opinion, would the act of distributing a piece of
> > > (say) GPL software or a derivative of it be sufficient to
> > > indicate assent, assuming that the distributor in question
> > > obtained the software by downloading a source tarball via
> > > ftp, without click-wrap, and that the tarball had a file
> > > called COPYING with the full text of the GPL?
> > The GPL folks think it is sufficient. I don't agree, but I'm not a
> > judge nor am I your lawyer. :-)
> Larry, I've been following this discussion with interest,
> trying to understand your position with respect to the GPL.
> Are you arguing that you have the right to make copies of or
> derivative works based on, say gcc, from some source other
> than a license granted to you by the GPL? In more general
> terms, are you saying that there are rights to the code to
> gcc that you have that would be prohibited to you if you
> agreed to the terms of the GPL? What specific terms of the
> GPL take rights away from you that you would otherwise have
> in the absense of a license? (for example, the warranty
> disclaimer may be one, if you assume you have a default right
> to a warranty on all software you use). Thanks
> Greg Pomerantz
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