Date: Sun, 19 Apr 2020 22:09:53 -0400 From: Aryeh Friedman <aryeh.friedman@gmail.com> To: "John R. Levine" <johnl@iecc.com>, FreeBSD Mailing List <freebsd-questions@freebsd.org> Subject: Re: GPL, not freebsd should be rewritten based on microkernel architecture Message-ID: <CAGBxaXnQonqWrE0TMrW=Mu3EutQ=%2BA4V3J-3TNVzreWVvLqUrw@mail.gmail.com> In-Reply-To: <alpine.OSX.2.22.407.2004192157350.48305@ary.qy> References: <CAGBxaX=4=yx-xSo0gdsVgAoA7fUn8oRq3173covquHNw61kBJQ@mail.gmail.com> <20200420011735.6448818053ED@ary.qy> <CAGBxaXk6dB=VX%2BOOSNKyf=rV8xOJJqfobPOvqLPiXY3tL8UdBg@mail.gmail.com> <alpine.OSX.2.22.407.2004192157350.48305@ary.qy>
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On Sun, Apr 19, 2020 at 9:59 PM John R. Levine <johnl@iecc.com> wrote: > >> In article <CAGBxaX=4= > >> yx-xSo0gdsVgAoA7fUn8oRq3173covquHNw61kBJQ@mail.gmail.com> you write: > >>> Thus I suspect if push came to shove in a legal fight about the > legality > >> of > >>> GPL forcing third parties that just happen to use a GPL'ed project to > give > >>> up all claims over how their work is used would likely > unconstitutional. > >> > >> I'd suggest not playing junior lawyer. The GPL is a contract and > >> there have been successful cases to enforce it. Nobody has any > >> inherent right to use GPL'ed software (or any other software not > >> released into the public domain) so if you don't like the terms, don't > >> use it. > > There is major disagreement if it is a contract or an license (the two > are > > not the same) see the wikipedia article on legal status > > Whichever it might turn out to be, it's still inane to claim there's any > sort of constitutional issue, and it's still a bad idea to play junior > lawyer. > Not true according to the US Copyright office: https://www.copyright.gov/help/faq/faq-general.html > > over it and if a contract is possible without consideration on both sides > > You might want to read some of the clickwrap case law. > All of which says you *MUST* actively agree to the license before opening the contents. GPL makes no such requirement (it is a passive acceptance) and thus likely not quiet the same. -- Aryeh M. Friedman, Lead Developer, http://www.PetiteCloud.org
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