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Re: Use of GPL'd code with proprietary programs

From: David Kastrup
Subject: Re: Use of GPL'd code with proprietary programs
Date: 09 Jul 2004 15:01:57 +0200
User-agent: Gnus/5.09 (Gnus v5.9.0) Emacs/21.3.50

Alexander Terekhov <> writes:

> David Kastrup wrote:
> [...]
> > > FSF should challenge it first. NVidia, Cisco, TiVo, etc. they're all
> > > waiting.
> > 
> > What software copyrighted by the FSF would be involved here?
> C'mon, dak. IBM.DE's kernel patches (I don't think that everything 
> went to the 390 branch only),

Suing for possible traces of some different architecture that might or
might not be present in the current code would not really be a sound
case.  That's in the same "shaky" ballpark as SCO's case.

> Cox & Co. can surely assign something (e.g. some old stuff that was
> developed before they went on payroll of RedHat, SuSE, IBM, OSDL,
> etc.) to the FSF.

Well, before they assign something relevant to the FSF, this is pretty
moot, isn't it?  And even then, what is the FSF going to sue for if
there is an unmodified kernel involved here?  Damages?  For higher
bandwidth from their Linux kernel mirrors?  Too bad they don't have

_If_ they had relevant portions under copyright in the kernel, they
could probably ask for an injunction that the kernel sources are also
distributed on-demand by Tivo.  But since they are pretty much
available everywhere, there is not that much to be gained by the
FSF.  Pretty pointless case.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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