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Re: making a non-GPLed module



On Wed, Nov 28, 2001 at 05:07:42PM +0200, Oded Arbel wrote:
> This is in reply to the various posts by Amnon Shlioh. he said a lot of
> things, most of which I can sum up in this sentence : "Yes, we violated the
> GPL - but we don't care because licenses can not be enforced in a court of
> law, because a court of law rules by laws, not by contracts."
> 
> This argument, of course, is completly bull, but the discussion is starting
> to be a bit political, so I will simply offer this argument :
> 
> Consider a certain software product published in binary form under the EULA
> (you can take your pick - there are tons out there). now, the EULA
> explicitly forbids me from using said product on more then one computer at
> the same time (and some go even further then that - forbiding installation
> on more then one computer). now, accoring to the "Shiloh argument" I may
> freely install as many copies of the product on any computer that I own and
> use - even if I use more then one at the same time - and I will never be
> convicted of anything since I only violated the license agreement I agreed
> upon, and that is not a law.
> 
> like I said - this is BS. if I do that and the BSA puts their filthy paws on
> me, I face fines upto 250,000 NIS and upto 5 years in prison (IIRC).

No... the GPL is not a contract (which requires both sides to sign 
it), it is a unilateral copyright license. It is not "the law of the 
land", yet it is applicable, IM(IANAL)HO and according to copyright 
law, even in this case.

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