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Date:      18 Dec 2001 16:15:31 -0800
From:      swear@blarg.net (Gary W. Swearingen)
To:        Nils Holland <nils@tisys.org>
Cc:        chat@FreeBSD.ORG
Subject:   Re: GPL nonsense: time to stop
Message-ID:  <b4itb4ysik.tb4@localhost.localdomain>
In-Reply-To: <20011218193510.A23697@tisys.org>
References:  <4.3.2.7.2.20011217222907.028403b0@localhost> <Pine.LNX.4.21.0112180119550.29122-100000@ugrad.unbc.ca> <4.3.2.7.2.20011218095233.028ea920@localhost> <20011218193510.A23697@tisys.org>

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Nils Holland <nils@tisys.org> writes:

> Furthermore, I don't currently see a legally or real-world enforcible way
> to restirct the output of GPLed software.

I don't expect to see that happen, but I'm quite sure it's possible.

AFAIK, people can agree to any legal activity as conditions on the
licensing of copyrights (or any rights) in forming a license contract
(or even in a non-contract license) and courts will honor it.  Like "you
may modify and distribute this software only if you wear a red hat on
odd-numbered days".  Or "...only if you put copyrightable output of the
program under GPL".  They're just conditions to which the licensee
agrees in return for the use of the copyrights; they're a kind of fee.

(Of course, many outputs of programs are uncopyrightable translations of
program input (eg, a compiler), but many ouputs are not (eg, a word
processor).)

It's rather like how the M$EULA can have you agree that you will not
disassemble the code, even though that would be a legal activity in the
absense of such term.  It's a little different, as savvy copyleftists
would be quick to note, in that the M$EULA is a license of both
copyrights and the right to possess or execute, while the GPL seems to
be a license of only copyrights.  I was going to say that since this
seems important to copyleftists they probably wouldn't change it easily,
but since there probably is no GOOD reason, maybe they'd give it up to
gain something more important.

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