linux-kernel - RE: GPL only modules

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Date:	Wed, 20 Dec 2006 15:26:28 -0800
From:	"David Schwartz" <davids@...master.com>
To:	"Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org>
Subject: RE: GPL only modules

> > 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

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