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Re: Tom Tom and Microsofts Linux patent lock-down ..

From: Hyman Rosen
Subject: Re: Tom Tom and Microsofts Linux patent lock-down ..
Date: Tue, 17 Mar 2009 15:02:40 -0400
User-agent: Thunderbird (Windows/20081209)

Rjack wrote:
There go the goalposts! You wish to minimize my assertion. Let
me repeat. "The GPL is unenforceable under U.S. copyright law".

If you are correct (which you are not) then there will one day
appear a case which demonstrates this. Until then, we (that is,
those of us who are not you) will go on believing that one either
fully abides by the GPL or one does not get to copy and distribute.
No halfsies.

So far, no plaintiff in a GPL enforcement suit has gone to judgment
making your claims. Instead, they have all chosen to comply with the
GPL. Furthermore, presumed foes of GPLed software such as Microsoft
are careful to keep their wares separate from GPLed code, again not
choosing to argue as you do.

I suppose I want to minimize your assertion. Even if you are correct
in some abstract sense (which you are not), what difference does it
make when no one listens to you and everyone behaves as if the GPL
works exactly as you claim it does not? The FSF doesn't have the goal
of proving that the GPL is enforceable, they have the goal of giving
users the freedom to run, read, modify, and share their software.

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