Re: The GPL is the way to go

[Alfred M. Szmidt]

   Now it would appear that the FSF (Free Software Foundation) as
   holders of many of the copyrights relating to the Linux kernel and
   other applications [...]

The FSF does not hold the copyright of Linux.  It holds copyright on
the majority of the GNU system, which people use in the form of
GNU/Linux.

   Could it be possible that Moglen does *not* wish court scrutiny of the
   GPL under copyright and contract law?
   1) Perhaps the is GPL is unenforcable under contract law.
   2) Perhaps the GPL is preempted under 17 USC sec. 301.
   3) Perhaps the GPL is a misuse of copyright.

Wouldn't be the end of the world, since if that happened nobody would
be able to use GPL licensed software other than the copyright holder.
It wouldn't fall into the public domain.

   One things seems certain. Moglen is obviously in no hurry to find
   out.

Why sould he?  There are better things in life to do, specially since
no company is willing to violate the GPL, since they know they will
loose (software with no license is worse than software with a
license).