Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1030418AbWLTX1a (ORCPT ); Wed, 20 Dec 2006 18:27:30 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1030419AbWLTX1a (ORCPT ); Wed, 20 Dec 2006 18:27:30 -0500 Received: from mail1.webmaster.com ([216.152.64.169]:4264 "EHLO mail1.webmaster.com" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1030418AbWLTX13 (ORCPT ); Wed, 20 Dec 2006 18:27:29 -0500 From: "David Schwartz" To: "Linux-Kernel@Vger. Kernel. Org" Subject: RE: GPL only modules Date: Wed, 20 Dec 2006 15:26:28 -0800 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0) In-Reply-To: <7b69d1470612201508y609cd65fr8bfb007f667f4215@mail.gmail.com> Importance: Normal X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 X-Authenticated-Sender: joelkatz@webmaster.com X-Spam-Processed: mail1.webmaster.com, Wed, 20 Dec 2006 16:29:04 -0800 (not processed: message from trusted or authenticated source) X-MDRemoteIP: 206.171.168.138 X-Return-Path: davids@webmaster.com X-MDaemon-Deliver-To: linux-kernel@vger.kernel.org Reply-To: davids@webmaster.com X-MDAV-Processed: mail1.webmaster.com, Wed, 20 Dec 2006 16:29:05 -0800 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 2036 Lines: 54 > > However, those restrictions do not affect those who did not > > agree to them. > > For example, if I buy such a JVM and don't agree to the license > > (assuming I > > don't have to agree to the license to lawfully acquire the > > JVM), I can give > > it to a friend along with any other software I want. > No Yes. > as with the language in the GPL, your right to distribute is > provided by the license you received with the JVM, so if you don't > accept it, you can't distribute. This is flat out self-contradiction. If my right is provided by the license, then I can distribute. If I don't accept the license, then how is my right to distribute provided by it? The paragraph you are saying "No" to is completely correct and your response is complete double-speak. > However, the first sale doctrine > provides a limited exception; Exactly. So the idea that you can't distribute a work unless you agree to its license is nonsense. With a license like the GPL, that is something that is not a shrink-wrap, click-through, or EULA, the license does not apply to anyone who does not agree to it. The GPL makes this totally clear in section 5. If you don't accept the license, you simply don't get the additional rights the license offers. You still have all the rights you originally had. > if you got the JVM through an > unrestricted sale, then you would normally have the right to sell that > particular copy without any further license (though possibly not to > someone in a different part of the world). Your license to distribute is provided by the license if and only if you agree to the license. Otherwise, it's as if the license doesn't exist. You can get the right to distribute the work any other way that may be available to you. First sale is just one example. DS - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/