[kwlug-disc] Wordpress themes must be GPL

unsolicited unsolicited at swiz.ca
Thu Jul 29 21:59:42 EDT 2010


Ralph Janke wrote, On 07/29/2010 12:55 PM:
> On 07/29/2010 12:36 PM, Raul Suarez wrote:
>>
>> --- On *Thu, 7/29/10, Ralph Janke /<txwikinger at ubuntu.com>/* wrote:
>>
>> > The FSF's interpretation is like any other interpretation. The only 
>> thing the can additionally
>>
>> > contribute is their intention since they have created it. However, 
>> they have no more
>>
>> > authority in regard of interpreting the interrelationship between 
>> the GPL and statutory/
>>
>> >common law as any other person trained in law.
>>
>> I think you are again confusing the spirit (Which is the intention 
>> under which the license was written) with the letter, which is the 
>> bottom part of your paragraph.
> 
> Correction:
> 
> A license is a permission, not a law. The question is in what sense such 
> a permission *put* additional obligations on you. That part is 
> restricted by law.
> 
> You could very well put out a license saying, "if you use this software, 
> you agree to give me all your possessions you have".
> 
> However, the spirit of "law" says that such a condition would *not* be 
> unenforceable.

And, I believe, (subsequent) case law has made that spirit, into the 
letter, of the law.

IIRC, goes back to a reasonable 'interpretation' of the wording. And 
no reasonable person would agree to give up all of their possessions 
for the value received by the contract.

This idea has come up many times in insurance policies - having flood 
insurance, it is not reasonable to assume that water from a particular 
source is not a flood - water is water. This lead to subsequent 
policies wherein sewer backup, and acts of god, were specifically 
specified. [Sadly, it becomes if you want the insurance, you accept 
whatever terms we've written. So you're back to square 1. Also, sadly, 
one has to go to court to have the policy as written, and reasonable 
interpreted, enforced.]



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