[free-sklyarov] [tescoil@irtc.net: [linux-elitists] Anti-SSSCA strategy.]

[Karsten M. Self]

on Sun, Sep 09, 2001 at 01:19:50PM -0700, Seth David Schoen (schoen at loyalty.org) wrote:
> Karsten M. Self writes:
> 
> > 	(b) EXCEPTION -- Subsection (a) does not apply to the offer for
> > 	sale or provision of, or other trafficking in, any
> > 	previously-owned interactive digital device, if such device was
> > 	legally manufactured or imported, and sold, prior to the
> > 	effective date of regulations adopted under section 104 and not
> > 	subsequently modified in violation of subsection (a) or 103(a)
> > 
> >     [The prohibition (here) of modifying code contravenes the GNU GPL,
> >     definition of FSF Free Software, and OSI Open Source.]
> 
> That isn't necessarily true, because the licenses don't require that
> the recipient be allowed to make modifications (or uses or
> redistributions), just that the distributor will not forbid the
> recipient to do these things.

GNU GPL v2, Section 7 (emphasis added):

    7. If, as a consequence of a court judgment or allegation of patent
    infringement OR FOR ANY OTHER REASON (not limited to patent issues),
    conditions are imposed on you (whether by court order, agreement or
    otherwise) that contradict the conditions of this License, they do
    not excuse you from the conditions of this License.  If you cannot
    distribute so as to satisfy simultaneously your obligations under
    this License and any other pertinent obligations, then as a
    consequence you may not distribute the Program at all. 

> Software patents, similarly, don't contradict these licenses, 

The do and are explicitely enumerated in the section of the GPL quoted
above.

Cheers.

-- 
Karsten M. Self <kmself at ix.netcom.com>          http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?             There is no K5 cabal
  http://gestalt-system.sourceforge.net/               http://www.kuro5hin.org
   Free Dmitry! Boycott Adobe! Repeal the DMCA!    http://www.freesklyarov.org
Geek for Hire                        http://kmself.home.netcom.com/resume.html
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