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Re: Psystar's legal reply brief in response to Apple


From: Hyman Rosen
Subject: Re: Psystar's legal reply brief in response to Apple
Date: Wed, 08 Dec 2010 15:57:45 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.7) Gecko/20100713 Thunderbird/3.1.1

On 8/5/2010 3:31 PM, ZnU wrote:
See section 9.

"However, nothing other than this License grants you permission to
propagate or modify any covered work. These actions infringe copyright
if you do not accept this License. Therefore, by modifying or
propagating a covered work, you indicate your acceptance of this License
to do so."

GPL3 _does_ claim you need to accept the license to modify the work even
without distribution, or else you're infringing on copyright. This does
not actually appear to be the case.

No. See section 0. <http://www.gnu.org/licenses/gpl.html>
    To “modify” a work means to copy from or adapt all or part of the
    work in a fashion requiring copyright permission, other than the
    making of an exact copy. The resulting work is called a “modified
    version” of the earlier work or a work “based on” the earlier work.

As a copyright license, the GPL could not possibly demand that it be
accepted in order to do something for which no permission is required,
and here it explicitly disclaims any such demands.


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