Dual-Licensing Situation

Arnoud Engelfriet arnoud at engelfriet.net
Tue Jun 10 19:32:42 CEST 2008


AR wrote:
> You are again seeing my point, I believe.  It is not possible to make 
> your decision without taking into consideration *both* licenses because 
> one license influences the other.  They are effectually one license 
> whose terms must be presented to the licensee up front.

I never said that the GPLv2 and the proprietary license are effectively
one license. What I said is that you can't be held to a license term
you don't know of beforehand.

That however does not mean that any condition anywhere in the world
is part of the license you've accepted. Even if the condition is set
by the same company. 

The software is offered to you under the GPLv2. You can exercise all
rights granted by the GPL, and the company cannot do anything to stop you.
There is no legal obligation for them to inform you that some other
opportunity is no longer available to you. That other opportunity is
a different agreement, and so its terms are irrelevant for the GPLv2
exercise of rights.

Arnoud

-- 
ICT-jurist, blogger en octrooigemachtigde ~ Partner bij ICTRecht.nl
   http://www.arnoud.engelfriet.net/ ~ http://www.iusmentis.com/



More information about the legal mailing list