Momchil Velikov wrote: [...]
What you do or don't with other kinds of merchandise is irrelevant.
In both US and EU computer programs are protected as literary works (modulo the AFC test).
My question is simple: how can you claim you poses a legal copy of a GPL'ed work and not be bound by the GPL ?
Wrong question. Right question: what makes a binary-only copy of the GPL'ed work illegal. Answer it not using the word "acceptance" (or something like that).
What are the other means (if any) to obtain a legal copy of a GPL'ed work ?
All the same ways as with copyrighted text. The GPL is not a contract and there's just nothing to accept. You'll have to show some copyright infringement (USC 106 though 121) without using words "distribution" and "promise". Assume that I simply download GPL'ed copies from some FSF's site not clicking on any "I accept" buttons.
Because the rights you claim you have under 17 USC 109 are preconditioned on having a legal copy, no ?
Absolutely yes. regards, alexander.