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Re: Licensing question about the BSD
From: |
Alexander Terekhov |
Subject: |
Re: Licensing question about the BSD |
Date: |
Sun, 07 Aug 2005 01:14:38 +0200 |
Alexander Terekhov wrote:
[...]
> http://www.macnewsworld.com/story/43996.html
I like this:
<quote>
Some of Welte's targets have complied voluntarily, but one suspects that
is because they were simply unaware of the problem. Welte apparently has
no authority to enforce these copyrights. These actions are not really
legal enforcement -- more the equivalent of picketing companies that use
cheap overseas labor. It is an attempt to embarrass, not enforce.
It is also impossible to avoid observing that Welte often proceeds
without the benefit of legal analysis. For instance, he targeted AOpen,
which responded, that he "should have directed that letter to their
Taiwanese mother company, since the products that I claim are in
violation of the GPL are not sold in Germany. They don't get it. Its
their problem if they don't comply with the license. Its they who are
liable for copyright infringement. I don't care which particular
subsidiary of a multinational corportation [sic] is responsible. It is
in the best mutual interest of any subsidiary to assure that they comply
with license conditions."
Actually, AOpen's point was probably that there was no action under
German law because lack of an infringing product in Germany meant it was
not within German jurisdiction. But, it so happened, that AOpen was
actually compliant, having offered the source code on a German Web site,
as Welte later noted in his blog. Nevermind.
This kind of stuff gives lawyers the willies, on the one hand. Lay
commentators who post on blogs or bulletin boards about open source legal
issues without the benefit of legal reasoning are a dime a dozen, but at
least they don't usually sue people. On the other hand, who would you
rather be sued by: Welte or the FSF? Given that most of Welte's complaints
would fail in the U.S. on procedural grounds that would allow a defendant
to jettison the case quickly, he is my plaintiff of choice.
Other enforcement of the GPL has been of less note. The MySQL case, which
is the only lawsuit ever filed in the U.S. regarding GPL code, was
disposed of on unrelated grounds. The FSF has conducted regular informal
enforcement, but none has garnered quite the press of the Linksys matter.
In 2002, the FSF engaged in a GPL enforcement action against OpenTV, a San
Francisco company that ships a set-top box containing Linux. According to
Forbes, OpenTV ended up paying the FSF $65,000. But OpenTV also reportedly
complied by making available the requested code, so the purpose of the
payment is unclear. The FSF's stated mission is not to demand money
damages for GPL violations.
Meanwhile, we are all waiting for the other shoe to drop. And while rumors
occasionally circulate that lawsuits will be filed -- as in the case of
OpenTV -- there is a big difference between making threats and filing
lawsuits. So, get used to standing on one foot, while legend of Linksys
lives on.
</quote>
regards,
alexander.
- Re: derivative works (was: Licensing question about the BSD), (continued)
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/19
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/05
- Re: Licensing question about the BSD, David Kastrup, 2005/08/05
- Re: Licensing question about the BSD, Isaac, 2005/08/05
- Re: Licensing question about the BSD, David Kastrup, 2005/08/06
- Re: Licensing question about the BSD, Isaac, 2005/08/06
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/06
- Re: Licensing question about the BSD,
Alexander Terekhov <=
- Re: Licensing question about the BSD, David Kastrup, 2005/08/07
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, David Kastrup, 2005/08/08
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, David Kastrup, 2005/08/08
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08
- Re: Licensing question about the BSD, Rui Miguel Seabra, 2005/08/08
- Message not available
- Re: Licensing question about the BSD, Alexander Terekhov, 2005/08/08