Re: [OctDev] GPL violations

[Martin H. <ma...@mh...>]

Am Freitag, 27. August 2010, 21:06:44 schrieb Jaroslav Hajek:
> On Fri, Aug 27, 2010 at 4:10 PM, Judd Storrs <js...@gm...> wrote:
> > On Fri, Aug 27, 2010 at 9:58 AM, Jaroslav Hajek <hi...@gm...> wrote:
> >> Perhaps not, but it is what they say - see Terms of Use of Matlab
> >> Central. I think the risk is too great for a typical hacker/user to
> >> ignore, in spite of yours or anyone else's legal opinion about this.
> >> I'd say that software from Matlab File Exchange is at best unadvisable
> >> to use with Octave.
> > 
> > I'm sorry I have to remind you that the website's Terms of Service only
> > apply to actual use of the website (i.e. comments, accounts etc) and is
> > not part of the licensing terms that contributors have selected to
> > distribute their code.
> 
> I'm sorry I have to remind you that the ToS talks of "all content
> contained". I know your opinion about this and you know I don't agree,
> but regardless of who is right, I think it is wiser to avoid the risk
> however small it may be.

Wouldn't that logic mean that the validity of a BSD or GPL license depends on 
the fact from where the source code is downloaded?
Then nobody can ever use any GPL or BSD licensed code, since it nether can be 
asured that such a code is not at any time in the past downloaded from a place 
where an additional ToS is placed in addition to the original license.
Either a code is licensed as BSD (in that case) or it is not. If it is BSD it 
is BSD. 
If that does not hold, all kind of free licenses around out there on the net 
are worthless.

- Martin