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Re: Using of parse tree externally


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On Thu, 12 Oct 2000, Mark Mitchell wrote:

> >>>>> "sam" == sam th <sam@uchicago.edu> writes:
> 
>     sam> I would be interested in why your wife feels that this would
>     sam> be enforceable, since the only way this could actually
>     sam> operate is via a license agreement, which the GPL and other
>     sam> associated licenses are not.  Note specifically the passage
> 
> Note that we're not talking about desirable here -- only about
> possible.  My wife believes that software can be licensed with the
> restriction being discussed, and that such a license could be
> enforcable without a signature.  However, I believe she's talking
> about a softare usage license by the copyright holder (the FSF),
> rather than merely a copyright license.

Well, aside from the fact that the FSF will never agree to the inclusion
of a clickwrap license, there's also the fact that such licenses are
probably invalid [1].

For references, see http://cr.yp.to/softwarelaw.html

Also, David Nimmer, the foremost authority (and I'm not exaderating
here) on US copyright law, has said that he agrees that such licenses are
invalid.  

But this is getting OT for the gcc list.  
           
[1] In the US, they are certainly invalid in Europe, amongst other places.

	sam th		     
	sam@uchicago.edu
	http://www.abisource.com/~sam/
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