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Re: GPL and other licences


From: Alexander Terekhov
Subject: Re: GPL and other licences
Date: Tue, 31 Jan 2006 15:30:46 +0100

David Kastrup wrote:
> 
> Alexander Terekhov <address@hidden> writes:
> 
> > David Kastrup wrote:
> > [...]
> >> That must be why we have all those copyright violation lawsuits going
> >> on.
> >
> > "We" don't have any lawsuits. You (gnu.org folk), on the other hand,
> > have a nice lawsuit from Wallace. Kudos to him for calling the bluff
> > and achieving pretty good results already. For example,
> 
> <URL:http://sco.tuxrocks.com/Docs/Wallace_v_FSF/Wallace_v_FSF-30.pdf>

Yes. And? The last time the FSF's didn't get what they wanted 
(dismissal with prejudice) and they actually got spanked by judge for 
using "extraneous materials FSF relied upon in drafting the motion". 
Note that the judge also rejected a number of the arguments of the FSF,
including that the nature of the GPL providing free access to software 
programs, subject to some limitations, necessarily aids competition.

And here we go, brave FSF now "incorporates by reference and reasserts 
all of the arguments made in its briefing in support of its prior 
motion to dismiss".

We'll see much more FSF's blood this time, I think.

As for judge's comments about the GPL... one can tie oneself in knots 
trying to make sense of the GPL. It ignores provisions of the 
copyright statutes that allow the modification or redistribution of 
works without permission of the copyright owner. It talks about 
"derived" works which don't seem to be the same as "derivative works", 
etc. etc. It's quite easy for a judge to get a bit confused on a first 
glance. Wallace will gradually straighten him out.

regards,
alexander.


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