Re: Licensing problem in winstaller

Bob <bob_j_hayes-/[email protected]>
Newsgroups gmane.network.freenet.general
Message-ID <[email protected]>
Matthew Toseland <toad@...> writes:

> Under UK law almost any time you copy a file is a copyright infringement
> unless you have explicit permission or are covered by one of the
> incredibly narrow exceptions. There is no real "fair use", in the
> american sense. I might argue that in the UK it is necessary to accept
> the GPL in order to use GPL'd software.

Hmm, well if that's true then I suppose it has to stay in some form. I thought
that use was implicitly granted under the GPL's reversion to copyright, and
making one backup copy is IIRC a right that can't be taken away by a EULA after
the 'point of sale' on both sides of the pond (despite attempts to deny it
through copy protection.)

The only possible way I can see around it is to explicitly grant anyone the
right to use and distribute the software as-is, as a copyright license. Then
layer the optional GPL license rights on top of that if they agree to them. This
sort of dual licensing isn't very elegant though.

> These issues are complex precisely because there are cross country issues... 
> Anyhow, what do you propose we do about it? I don't want to have to get 
> people to agree to the GPL when they run the distribution servlet...

Fair enough, it seems to be less straightforward than I thought. Perhaps just
change the dialog text to note that whether agreeing is required only to use the
software may depend on their local laws, hence it may be non-binding in that
case. Clickthroughs have no real legal meaning anyway.

The maxNodeConnections=60 winstaller bug is probably more important :)

Bob


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