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From: Alexander Terekhov (terekhov_at_[hidden])
Date: 2004-07-30 17:20:17

Momchil Velikov wrote:
> What you do or don't with other kinds of merchandise is irrelevant.

In both US and EU computer programs are protected as literary
works (modulo the AFC test).

> My question is simple: how can you claim you poses a legal copy of a
> GPL'ed work and not be bound by the GPL ?

Wrong question. Right question: what makes a binary-only copy
of the GPL'ed work illegal. Answer it not using the word
"acceptance" (or something like that).

> What are the other means (if any) to obtain a legal copy of a GPL'ed
> work ?

All the same ways as with copyrighted text. The GPL is not a
contract and there's just nothing to accept. You'll have to
show some copyright infringement (USC 106 though 121) without
using words "distribution" and "promise". Assume that I simply
download GPL'ed copies from some FSF's site not clicking on
any "I accept" buttons.

> Because the rights you claim you have under 17 USC 109 are
> preconditioned on having a legal copy, no ?

Absolutely yes.


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