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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: Thu, 15 Jul 2004 04:35:45 -0500
User-agent: slrn/0.9.7.4 (Linux)

On Thu, 15 Jul 2004 06:26:02 -0000, <address@hidden> 
<address@hidden> wrote:
> 
> Misuse of copyright in order to extend the control of the copyright
> holder has become a hobby of publishing conglomerates worldwide and
> they ALL claim every single right they can and then some more just to
> be sure. Try reading a typical proprietary EULA sometime.
> 
> The FSF pushing the definition of "derivative work" to the utmost
> limit is really an AMBIT BID but they are only claiming equal treatment
> to what other copyright holders are claiming. If this ever does go to

I agree with you.  But the need to push is a problem of the FSFs own
making.  By using a license the removes the possibility of contributory
infringement claims because it allows the users to run the software
without limitations, the FSF is limited to asking the court to find
direct infringement where most likely none exists.

> court then the judge would be left with a difficult decision:
> a ruling in favour of the FSF would strengthen GPL and become a
> confidence boost for the entire "Free Software" community,
> on the other hand, a ruling against the GPL would be a precedent for
> limiting the definition of derivative work and hence would weaken
> a lot of other copyright claims (e.g. Microsoft's MFC libraries
> or SCO's "application binary interface" claims or Sony's claim to own
> the right to license all Playstation software regardless of authorship).

Haven't the Sonys of the world already lost their part of this fight
to the Connectixes of the world?

How does that possible precedent affect your analysis?

Isaac


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