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中国 GPL 诉讼第一案:关于 GPL 问题的探讨

发布时间:2019-12-22 06:46:05 所属栏目:创业 来源:互联网
导读:副标题#e# 本案之所以受关注,是因为本次计算机软件著作权侵权案涉及开源软件和 GPL 许可证,本案的判决对未来开源软件诉讼实践有重要意义。本案一审法院对 GPL 相关条款作了阐述,二审法院回避了 GPL 问题。本文,笔者基于本案事实和法院判决做些思考,分

……which are conveyed to you by Appcelerator, Inc. and licensed under one or more of the licenses identified in the Excepted License List below (each an "Excepted License"), as long as:

  1. you obey the GPL in all respects for the Program and the modified version, except for Excepted Works which are identifiable sections of the modified version, which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,

  2. all Excepted Works which are identifiable sections of the modified version, which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,

  3. are distributed subject to the Excepted License under which they were originally licensed, and

  4. are not themselves modified from the form in which they are conveyed to you by Appcelerator, and

  5. the object code or executable form of those sections are accompanied by the complete corresponding machine-readable source code for those sections, on the same medium as the corresponding object code or executable forms of those sections, and are licensed under the applicable Excepted License as the corresponding object code or executable forms of those sections, and

  6. any works which are aggregated with the Program, or with a modified version on a volume of a storage or distribution medium in accordance with the GPL, are aggregates (as defined in Section 5 of the GPL) which can reasonably be considered independent and separate works in themselves and which are not modified versions of either the Program, a modified version, or an Excepted Work.

If the above conditions are not met, then the Program may only be copied, modified, distributed or used under the terms and conditions of the GPL or another valid licensing option from Appcelerator, Inc. Terms used but not defined in the foregoing paragraph have the meanings given in the GPL

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