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Re: Use of GPL'd code with proprietary programs


From: Isaac
Subject: Re: Use of GPL'd code with proprietary programs
Date: Sun, 18 Jul 2004 19:54:54 -0500
User-agent: slrn/0.9.7.4 (Linux)

On Sun, 18 Jul 2004 23:52:03 -0000, <telford@xenon.triode.net.au> 
<telford@xenon.triode.net.au> wrote:
> 
> The public have been sold the idea that IP laws (particularly copyright)
> are of benefit to the entire nation because they foster creativity and
> protect the author/musician/programmer from nasty "pirates".
> 
> Notwithstanding the details of the mechanism, if a court ruled that
> GPL works intrinsically deserved less protection than equivalent
> proprietary works it would be broadly unpopular and make an excellent
> platform for demonstrating that our IP laws are designed primarily
> to support large corporate publishing companies. I don't believe that
> any of the big corporates want to attract such a test case right at
> this moment.

I don't think it's reasonable to disregard the details of the mechanims.

I would argue that the GPL disclaims essential portions of the 
protection scheme proprietary works routinely reserve.  Under those
circumstances it should not be surprising that the result is less
protection.

The other problem is that IMO the FSF wants to rely on protection
mechanisms that have already been denied to some proprietary vendors
in some very prominent cases.  So rather than equal treatment for
the "little guy" you are arguing that GPLed works must have special
protection that others do not get.

Isaac

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