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Re: Sharing the GPL source code, with value addition by vendor specific
From: |
Hyman Rosen |
Subject: |
Re: Sharing the GPL source code, with value addition by vendor specific to his hardware? |
Date: |
Wed, 08 Dec 2010 16:03:40 -0000 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.9) Gecko/20100825 Thunderbird/3.1.3 |
On 10/12/2010 10:59 AM, RJack wrote:
On 10/12/2010 10:20 AM, Hyman Rosen wrote:
The GPL is a straightforward copyright license. Each time a court
has had an opportunity to read it, they regarded it as such.
To which federal courts are you referring?
The 7th Circuit Court of Appeals:
<http://scholar.google.com/scholar_case?case=3689055814945636124>
the GPL ... is a cooperative agreement that facilitates
production of new derivative works
The Massachusetts District Court:
<http://scholar.google.com/scholar_case?case=13584730711160488510>
With respect to the General Public License ("GPL"), MYSQL has not
demonstrated a substantial likelihood of success on the merits or
irreparable harm. Affidavits submitted by the parties' experts
raise a factual dispute concerning whether the Gemini program is
a derivative or an independent and separate work under GPL ¶ 2.
After hearing, MySQL seems to have the better argument here, but
the matter is one of fair dispute. Moreover, I am not persuaded
based on this record that the release of the Gemini source code
in July 2001 didn't cure the breach.
The N.D. Illinois District Court:
<http://scholar.google.com/scholar_case?case=10652472992569528848>
The output of that program (the parser source code), however, is
not subject to the restrictions of the GPL — it is the creation
of plaintiff. FSF explicitly allowed for such commercial use of
the output by adopting the following exception to the GPL:
/* As a special exception, when this file is copied by Bison into
a Bison output file, you may use that output file without
restriction. This special exception was added by the Free
Software Foundation in version 1.24 of Bison */
There is no indication that Mackowiak, or any other Platinum or CA
employee, used a version of Bison older than 1.24. Therefore, even
though the output lines contain some of the utility source code, CA
is free to use the output files without restriction, as allowed by
the exception to the GPL.
The 11th Circuit Court of Appeals:
<http://scholar.google.com/scholar_case?case=6365166943909134489>
That the Software had been distributed pursuant to a GNU General
Public License does not defeat trademark ownership, nor does this
in any way compel a finding that Darrah abandoned his rights in
trademark. Appellants misconstrue the function of a GNU General
Public License. Software distributed pursuant to such a license
is not necessarily ceded to the public domain and the licensor
purports to retain ownership rights, which may or may not include
rights to a mark.
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?, RJack, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?, Barry Margolin, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?, RJack, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?, Hyman Rosen, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?, RJack, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?,
Hyman Rosen <=
- Re: Sharing the GPL source code, with value addition by vendor specificto his hardware?, Alexander Terekhov, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specificto his hardware?, Hyman Rosen, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specifictohis hardware?, Alexander Terekhov, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specifictohis hardware?, Hyman Rosen, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specifictohis hardware?, Alexander Terekhov, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?, RJack, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?, Hyman Rosen, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specificto his hardware?, Alexander Terekhov, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specificto his hardware?, Hyman Rosen, 2010/12/08
- Re: Sharing the GPL source code, with value addition by vendor specificto his hardware?, David Kastrup, 2010/12/08