Changeset - eeee6e0df959
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-18 22:33:35
bkuhn@ebb.org
Add paragraph regarding Jacobsen.
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gpl-lgpl.tex
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@@ -1985,16 +1985,24 @@ Software are not required to accept the license.  Undertaking fair and
 
unregulated use of the work, for example, does not bind you to the GPL,
 
since you are not engaging in activity that is otherwise controlled by
 
copyright law.  Only when you engage in those activities that might have an
 
impact on the freedom of others does license acceptance occur, and the
 
terms begin to bind you to fair and equitable sharing of the software.  In
 
other words, the GPL only kicks in when it needs to for the sake of
 
freedom.
 

	
 
While GPL is by default a copyright license, it is certainly still possible
 
to consider GPL as a contract as well.  For example, some distributors chose
 
to ``wrap'' their software in an acceptance ceremony to GPL, and nothing in
 
GPL prohibits that use.  Furthermore, the ruling in \textit{Jacobsen
 
  v. Katzer, 535 F.3d 1373, 1380 (Fed.Cir.2008)} indicates that \textbf{both}
 
copyright and contractual remedies may be sought by a copyright holder
 
seeking to enforce a license designed to uphold software freedom.
 

	
 
\section{Using GPL Both as a Contract and Copyright License}
 

	
 
\section{GPLv2~\S6: GPL, My One and Only}
 
\label{GPLv2s6}
 

	
 
A point that was glossed over in Section~\ref{GPLv2s4}'s discussion of GPLv2~\S4
 
was the irrevocable nature of the GPL\@. The GPLv2 is indeed irrevocable,
 
and it is made so formally by GPLv2~\S6.
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