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Re: [Fsfe-uk] GPL licence untested, authors could lose their rights in U


From: Sam Liddicott
Subject: Re: [Fsfe-uk] GPL licence untested, authors could lose their rights in UK
Date: Mon, 10 Apr 2006 18:39:54 +0100
User-agent: Thunderbird 1.5 (X11/20060309)

Ian Lynch wrote:
On Mon, 2006-04-10 at 16:57 +0100, Alex Hudson wrote:
  
                "Michael Peeters, a partner at Pinsent Masons, the law firm
        behind OUT-LAW.COM, says warranties as to the performance and
        even the title to the software could be implied into open source
        licences by a British court."
        
        http://www.theregister.co.uk/2006/04/10/opensource_hidden_warranties/

Happily, you can register at their free breakfast briefing to hear more
about this important issue.

(In all seriousness, they are probably right about warranties to some
extent; I would like to see a Judge imply title given a licence
though... ;)

I've asked to be let in for the 25th in London, I rather suspect the
talk will be somewhat less exciting than the "GPL authors lose their
rights!" spin.
    

On the same basis, a judge could say that a proprietary license wasn't
reasonable and unilaterally give more rights to users. This has happened
in the USA with respect to transfer of licenses so I don;t see anything
particularly new in any of this.

  
I remember my old CPM documentation used to say very clearly
THIS SOFWTARE IS LICENSED, NOT SOLD

Perhaps we need to do that a bit more.

Sam

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