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Re: Use of GPL'd code with proprietary programs
From: |
Alexander Terekhov |
Subject: |
Re: Use of GPL'd code with proprietary programs |
Date: |
Fri, 09 Jul 2004 11:20:40 +0200 |
Rui Miguel Seabra wrote:
>
> On Thu, 2004-07-08 at 22:36 +0200, Alexander Terekhov wrote:
> > <quote>
> >
> > RMS: We have no say in what is considered a derivative work. That
> > is a matter of copyright law, decided by courts. When copyright
> > law holds that a certain thing is not a derivative of our work,
> > then our license for that work does not apply to it. Whatever our
> > licenses say, they are operative only for works that are
> > derivative of our code.
> >
> > A license can say that we will treat a certain kind of work as if
> > it were not derivative, even if the courts think it is. The Lesser
> > GPL does this in certain cases, in effect declining to use some
> > of the power that the courts would give us. But we cannot tell the
> > courts to treat a certain kind of work as if it were derivative,
> > if the courts think it is not.
> >
> > </quote>
> >
> > Now, do you seriously believe that they will be able to convince
> > a non-drunken district judge (appellate and supreme folk aside
> > for a moment) that "works that use the library" are in fact
> > derivative works under copyright law?
>
> It appears all cases involving the GPL so far have settled out of
> court...
All that propagandistic brouhaha about "settlements" is the sign
of weakness, not strength. Show me the papers and we can talk then.
Given the FSF's reaction ("We will not betray our legally protected
confidences, particularly when they relate to our work upholding
the integrity of the GPL") to SCO's subpoena, I don't think that
the real facts are in your favor.
> except for that court order _in favour_, on one of the recent
> netfilter cases, I wonder why...
Research it, stupid. The court basically said "ok, taking for
granted what you're saying, we'll issue prohibitive [unless...]
order against Sitecom [that Sitecom can first object and then
appeal] *limited in scope to your netfilter code*". If anything,
it proves that the FSF's crappy theory has no legs to stand on
in court of law.
http://www.ifross.de/ifross_html/eVWelte.pdf
http://groups.google.com/groups?selm=40A1F61C.E8176A43%40web.de
Now,
http://www.groklaw.net/article.php?story=20040626011624480
<quote>
golem.de: That means that there will be a trial soon?
Welte: Not for sure. At the moment, Sitecom still doesn't know
whether they'll appeal that judgment. That will be decided by
Sitecom after they have the judgement of the Munich district
court in writing. Then it will be decided whether Sitecom will
appeal. If at that time Sitecom doesn't want to appeal, we'll
require that they provide us in writing a final declaration
that they are acknowledging the temporary injunction as a
binding decision. If they don't provide us such a declaration,
then there will have to be a trial. But this actually would
only prolong the matter needlessly.
</quote>
regards,
alexander.
- Re: Use of GPL'd code with proprietary programs, (continued)
- Re: Use of GPL'd code with proprietary programs, Rui Miguel Seabra, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, Martin Dickopp, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, David Kastrup, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, Isaac, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/10
- Message not available
- Re: Use of GPL'd code with proprietary programs,
Alexander Terekhov <=
- Re: Use of GPL'd code with proprietary programs, Rui Miguel Seabra, 2004/07/09
- Message not available
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, David Kastrup, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, David Kastrup, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, David Kastrup, 2004/07/10
- Re: Use of GPL'd code with proprietary programs, Rui Miguel Seabra, 2004/07/09
- Message not available
- Re: Use of GPL'd code with proprietary programs, Isaac, 2004/07/09
Message not available