http://www.groklaw.net/articlebasic.php?story=20090922030639824
"... And look at a comment submitted <http://www.mail-archive.com/gnu-misc-discuss@gnu.org/msg07417.html>, according to Terekhov, by Hollaar to the FSF during the rewriting of the GPLv3: This is not a correct statement of copyright law, at least in the United States. With respect to "propagate", it is likely a tautology because of the defintion of "propagate" covering only things "that require permission under applicable copyright law". But for "modify", 17 U.S.C. 117 permits the "owner of a copy of a computer program" to make an "adaptation" in particular circumstances, and makes it clear that making that adaptation does not "infringe copyright if you do not accept this License." It also does not seem to recognize the "first sale" doctrine codified in 17 U.S.C. 109, that permits the transfer of a lawfully-made copy "without the authority of the copyright owner". Perhaps the interplay between the definition of "propagate" and this section covers it, but it is certainly not made clear and, in fact, misleads one in thinking that the only way to redistribute a lawful copy is to accept the License. http://www.mail-archive.com/gnu-misc-discuss@gnu.org/msg07417.html Am Mi., 17. Juli 2019 um 23:46 Uhr schrieb Thorsten Glaser <t...@mirbsd.de>: > Alexander Terekhov dixit: > > >"But there is one more important result here. Do you remember all the > >predictions on message boards all over the web by anti-GPL activists > >like Alexander Terekhov that someone could get a copy of Linux, under > >the GPL, and then make copies and sell them under another license, > > There’s a _tiny_ difference between “I don’t use my copy of this > software any more, let’s sell it” and “let me create new copies > and sell these”. > > Furthermore, nothing prevents you from selling copies of software > under the GNU GPL, you just have to give them the source code as > well. Whether you get any sold is the other question (incidentally > my employer does). > > But the first is a move. I don’t retain any rights to the copy of > used software I sell any more. This is a basic thing. > > bye, > //mirabilos > -- > This space for rent. > > https://paypal.me/mirabilos to support my work. > > _______________________________________________ > License-discuss mailing list > License-discuss@lists.opensource.org > > http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org >
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