Re: GPL and "free" software

[owinebar@ezinfo.ucs.indiana.edu (Lynn Winebarger)]

In article <7g4ncj$vme$1@nnrp1.dejanews.com>,
Robert Dewar  <robert_dewar@my-dejanews.com> wrote:
>In article
><m2ogkae2db.fsf@mailhost.neuroinformatik.ruhr-uni-bochum.de
>> Of course, traditional shrink-wrapped licenses have to
>> include a phrase where you may return the unused software
>> if you do not agree with the license.
>
>I do not know of any such requirement. I quickly checked
>and it is not in the Illinois statute as far as I can see,
>to which shrink-wrapped statute are you referring. It does
>not appear to be in the federal statute either.

   I think he's referring to the "ProCD v. Zeidenberg" decision, where a
shrink-wrap license was upheld partly because the software was
returnable if the purchaser didn't agree to the terms.  (The other part
was that they ruled Zeidenberg actually infringed on copyrighted
material, so the decision is somewhat muddled).

>This is quite wrong, the GPL is no different from any other
>software license, its terms may or may not be acceptable
    This statement is false on its face.  The GPL only deals with
creating derivative works, and redistributing the code.  It doesn't deal
with any particular copy of the software or usage thereof.  It's a
license on the copyrights of the software, not the copy of the software.
    And you don't get the copyrights when you get a copy, i.e. you've
not "purchased" anything.

>to the purchaser of the license. Indeed in the install
>shield for NT, we give people the chance to reject the
>GPL conditions, as seems appropriate. Note that you do not
>usually buy software, you buy the license, and the GPL is
>no different from any other license in this respect. If you
>"buy" GPL'ed software, you have not bought it in the legal
>sense, you have just bought the license.

   No, you do buy the software, though IP lawyers and the software
companies they work for would have you believe otherwise (that is,
unless it was a privately made contract, which just buying something in
a store, as a member of the general public, most certainly does _not_
constitute a privately made contract).
   And yes, when you buy a copy of GPL'ed software, that copy _is_
yours.

Lynn