Re: [libreplanet-discuss] libreplanet-discuss Digest, Vol 34, Issue 11

[luke.leighton]

On Thu, Oct 4, 2012 at 11:38 AM,
<libreplanet-discuss-request@libreplanet.org> wrote:

> Message: 1
> Date: Wed, 03 Oct 2012 18:11:53 -0400
> From: Patrick <patrick@spellingbeewinnars.org>
> To: Ted Smith <tedks@riseup.net>
> Cc: libreplanet-discuss@libreplanet.org
> Subject: Re: [libreplanet-discuss] help with FSF incompatible but
>         community oriented licence(s)
> Message-ID: <506CB829.6040903@spellingbeewinnars.org>
> Content-Type: text/plain; charset=UTF-8; format=flowed
>
>
>> It goes against the mission of this mailing list as an FSF project to
>> help anyone find a license meeting this criteria:
>>
> Then I give up.
>
> But in closing, if you are not making incremental progress towards your
> goals then you won't reach them.
>
> It's sad that BSD is gaining traction. It's much worse then GPL and all
> that I am concerned about is worse with it.

 yes.  this is only part of the story: http://mjg59.dreamwidth.org/8991.html

 the other part of the story is the "estoppel defense", which you
should look up.  google and other copyright holders *knowing* that
there are GPL Copyright infringements taking place, and them doing
*nothing about it*, it is possible, especially after many years, for
an infringer to [successfully] claim that they *implicitly* were given
permission, due to the non-enforcement of the Copyright license.

 this is not a bullshit defense, it's a legitimate defense with a
specific legal name, called "estoppel".  in germany, there is even a
fixed time limit of 30 days for Copyright infringement cases to be
brought against criminal infringers.  beyond that 30 day period, you
*automatically* lose all rights to continue Copyright infringement.

 in the case of BSD Licenses however, there is absolutely no such
time-limited recourse [implicit or explicit]: it's already over.  you
*gave* permission for people to not release the source code.

> I am alone with this and depressed

 you're not alone.  i can't help you with the depression bit though :)

l.