Demon & DeCSS

[Dave Bird]

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In article <200009260900.KAA10184@clw.cs.man.ac.uk>, Charles Lindsey
<chl@clw.cs.man.ac.uk> writes
>> > Would David like to give us his opinion of the interpretation of the Gnu
>> > Public Licence under UK law? Ostensibly it purports to allow copying of
>> > the specified work by anyone, subject to a requirement that the same
>> > licence is attached to any (possibly modified) copies made.
>> 
>> I have not read it for at least four years ...
>> It applies US law ...
>> 
>> Yet, it achieves wide and free distribution _not_ through creation of a
>> 'public domain' non-coyright item, but rather through the assertion of
>> copyright, and the issueing of licences with conditions. Those conditions
>> dangle only from teh copyright.
>
>Yes, but the point of interest was whether, having once distributed
>copies of the work with that notice attached, you (or your creditors)
>could subsequently try to put the cat back in the bag by way of
>forbidding further copying (ignoring that actual practicalities of doing
>so, for the sake of discussion).

 I think the short answer on public domain is that they cannot stop
 issuing of further copies in America under American law even if
 they are sent abroad, though of course British law might forbid
 the making of further copies in Britain.


 GNU-PL "copy-left" is more problematic because the continued license
 hangs from your continued ownership: what the effect in American
 law would be if British law said you had lost your ownership would be,
 god only knows [though the GNU-PL license does attempt to say that
 the applicable law to the contract is American law].

 Someone else said that a general doctrine of estoppel means that people
 who rely on your word in good faith in matters of contract, should not
 suffer loss through you or others going back on your word.


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