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Re: LYNX-DEV SSLynx


From: David Woolley
Subject: Re: LYNX-DEV SSLynx
Date: Thu, 5 Feb 1998 08:24:40 +0000 (GMT)

> 
> 
> David Woolley <address@hidden> writes:
> > Any Lynx containing RSA code would have to be issued under a clause in the
> > GPL which permits countries to be excluded
> 
> This is the error in your logic. No such constraint would be needed in the
> license. And no one need to denied access to the source. As long as the
> development happens outside the US and the distribution is done from outside
> the US, no restrictions need to be added. 


                    GNU GENERAL PUBLIC LICENSE
                       Version 2, June 1991
    ....    
      7. If, as a consequence of a court judgment or allegation of patent
    ....
    may not distribute the Program at all.  For example, if a patent
    license would not permit royalty-free redistribution of the Program by
    all those who receive copies directly or indirectly through you, then
    ^^^                                   ^^^^^^^^^^^^^
    the only way you could satisfy both it and this License would be to
    refrain entirely from distribution of the Program.
    ....

[ extracted for fair use purposes of criticism and review from the full
  text, which is copyright the Free Sofware Foundation ]

> 
> The Americans who import it can worry about what they're allowed to do. And in
                ^^^^^^^^^^^^^

i.e. receive copies indirectly 

The other part of the argument is that very existence of the clause permitting
a restriction on distribution in certain countries implies that such a clause
can be necessary to allow distribution at all.  It's not necessary to have
a restriction in the licence in your interpretation, because your 
interpretation would mean that the general rules about not violating patents
would be enough.  It might be good manners, in your case, to include an informal
warning about the existence of the patent.

I'll try to track down the gnu.misc.discuss thread, but there is some set up
cost for doing that, which is why I've done at least one more reply here.
In the mean time, you may repost this verbatim to that news group, although
there could be a collision.

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