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Re: SCO laying an ambush for the GPL?


From: Alexander Terekhov
Subject: Re: SCO laying an ambush for the GPL?
Date: Tue, 20 Jul 2004 11:21:54 +0200

John Phillips wrote:
[...]
> - It does not seem to allow anyone else (e.g. SCO) to take away and claim
>   a valid copyright, even if the GPL is found to be a misuse.  (The rare
>   cases seem to arise from anti-trust / competition law copyright misuse
>   which seems not to be the case with GPL as I read it).

SCO claims are also barred by the doctrine of copyright misuse. Tenth
IBM's defense, IIRC. Attempting to extract rights to unrelated/
nonderivative (in the copyright sense, not metaphysical) constitutes
misuse of copyright.

> 
> - In the case of code whose copyright is not owned by the FSF (the
>   Linux kernel for example) the "FSF's expansive claims" are not
>   apparently a relevant misuse - even if a misuse at all.  It's all in
>   the GPL as written and its use by the copyright owner(s).

"gpl.txt" has some references to LGPL. LGPL does try to impose
totally idiotic "definition" of derivative work which clearly
constitutes misuse. I'd expect that court would look at both.

> 
> As for the doctrine of first sale, [... medium ...]

Yeah. That's what Time Warner, Inc. says. Libraries Associations 
and others (including me) disagree.

> 
> IANAL and if I misunderstand I would appreciate enlightement.

Try google. It's all in gnu.misc.discuss 2004 archive.

regards,
alexander.


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