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Re: SCO laying an ambush for the GPL?


From: Jason Clifford
Subject: Re: SCO laying an ambush for the GPL?
Date: Tue, 20 Jul 2004 13:44:11 +0100

On 19 Jul 2004, John Phillips wrote:

> > If the GPL is declared unlawful or unenforcable the only person(s) having 
> > any right to the software is the author(s) and anyone who chooses to 
> > accept the terms as a contract.
> 
> Let me quibble. If the doctrine of copyright misuse is the reason the
> GPL is declared unenforceable [1] then AIUI the copyright owners lose
> their ability to enforce their rights (never mind the financial problems
> of doing so anyway).  In effect this grants rights to others.

That could only be the case where the license seeks to place restrictions. 
The GPL is not a standard copyright license in this respect - it's effect 
is to enhance the freedoms a person enjoys over a protected work.

> However I believe it remains true that no-one else can claim those
> copyrights and enforce them over the copyright owners or others.

Indeed which is where SCO's problem lies.

Jason
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