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Re: Microsoft needs a help strategy


From: amicus_curious
Subject: Re: Microsoft needs a help strategy
Date: Thu, 29 Jan 2009 09:26:57 -0500


"ZnU" <znu@fake.invalid> wrote in message znu-CA4059.21152628012009@news.individual.net">news:znu-CA4059.21152628012009@news.individual.net...

This argument would be persuasive if judges were the legal equivalent of
strictly-validating XML parsers, required to reject entire documents if
portions of them were invalid). But this is not, in fact, the case.

While I don't consider this outcome particularly likely, there is
absolutely no reason why a judge couldn't, in principle, find that GPL
validly granted permission to redistribute, but that (say) the provision
requiring code disclosure for derivative works was invalid.

The JMRI case seems to have framed this issue in an environment where the parties seem moved to fight it out to a conclusion. Although the software is not GPL, I think that it only differs in degree of demand on the licensee. It should go a long way in resolving the issues in the GPL.




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