Re: IBM's appellee brief in Wallace case

[Alexander Terekhov]

Alexander Terekhov wrote:
> 
> Alabama Petrofsky wrote:
> [...]
> >         According to its Preamble, the purpose of the GPL is to guarantee 
> > the "freedom to share
> >
> > and change free software--to make sure the software is free for all its 
> > users." GPL at 1. The
> >
> > Preamble goes on to explain that:
> >
> >                 To protect your rights,
> 
> It appears that it's an easy game for master Wallace. Funny... he
> already let the defendants know that he reads Nimmer. Now,
> 
> http://www.ipinfoblog.com/archives/Open%20Source%20Legal%20Issues.pdf
> 
> LEGAL ISSUES IN OPEN SOURCE AND
> FREE SOFTWARE DISTRIBUTION1
> RAYMOND T. NIMMER
> 
> 1 This materials have been adapted from Chapter 11 in Raymond T.
> Nimmer, The Law of Computer Technology (1997, 2005 Supp.).
> 
> -----
> C. Viral impact: unrestricted vs. copyleft software
> 
> The idea of “copyleft” license provisions is a characteristic part of
> at least a segment of the free software and open source software (FSOS)
> community.89 Indeed, it is common in FSOS to view restrictive copyleft
> provisions as the hallmark of truly “free” software, as the community
> defines that term. From the perspective of nonbelievers, however,
> copyleft is the most controversial feature of free software and open
> source software because it affects the user’s rights with respect to
> the FSOS software and may impact the user’s control of software written
> entirely by it when used in conjunction with the FSOS software.
> 
> In a stunning example of double-speak, the Preamble to the GPL
> describes the reason for such provisions in the GPL in terms of
> protecting the licensee’s rights:
> 
>                 To protect your rights,
> -----

Nimmer continued...

-----
While proponents refer to such restrictions as creating “free” software, 
protecting rights, persons affected or potentially affected by the terms 
tend to refer to the risk of “viral” license terms that reach out to 
infect their own, separately developed software and of improper market 
                                                       ^^^^^^^^^^^^^^^
leverage and misuse of copyright to control the works of other people.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
-----

Bingo.

regards,
alexander.