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Re: 'It's just a f*cking kernel...'


From: Geico Caveman
Subject: Re: 'It's just a f*cking kernel...'
Date: Sun, 10 Dec 2006 15:02:31 -0500
User-agent: KNode/0.10.4

Alfred M. Szmidt wrote:

>    Precisely what stops a closed source vendor from copying large
>    chunks of GPL'ed code in their code ?
> 
> Same thing that stops most people from not stealing things from your
> home: the law, and the repercussions of breaking said law.

Irrelevant. The corresponding situation here would be if the thief broke
into your house, copied your papers, and then left, and if the same thief
had the right to decide if the police / public could see his papers at all.

Microsoft has the power to circumvent detection (closed source - if you see
it, you have to sign a non-disclosure agreement). So, fear of law does not
come into play here.

> 
>    Their apps are closed source, remember ? So, unless one of their
>    developers gets religion, who is to know ? For all we know, half of
>    the code in Vista kernel could be lifted off Linux kernel version
>    2.6.x.
> 
> If one suspects a copyright violation, one can go to court, and the
> court can make the source code avaiable for viewing to the people
> involved in the case.

How can you "suspect copyright violation" when the code might be from the
innards of the linux kernel - say something that governed page writes ? How
would you convince a non-technical jury/judge on something circumstantial
(you have no access to Microsoft's source code, remember ?) brought up on
years of Microsoft FUD ?

I agree that Microsoft would be in very very serious trouble if they were
caught doing this but they can decide if they want to be caught doing it,
which makes the fear irrelevant.




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