[linux-elitists] Pushing GPL code into the public domain
Karsten M. Self
Wed Oct 29 04:59:48 PST 2003
on Tue, Oct 28, 2003 at 01:28:31PM -0700, Jonathan Corbet (firstname.lastname@example.org) wrote:
> Something that might be of interest:
> It's a writeup by an IP attorney on SCO's attacks on the GPL.
> SCO has an implicit claim along with their explicit attack on the
> GPL. The implicit claim is that the GPL is not simply void but also
> that the act of releasing software under the General Public License
> is tantamount to having donated it to the public domain. They are
> asking the court to apply a common-law doctrine from the law of
> wills and estates to the law of copyright and software licensing.
> I took some grief here a few months ago for suggesting that SCO was trying
> to do something along these lines. Maybe this lawyer is just as confused
> as I am (a tall order, I know), but this still strikes me as a real
> possibility. I think they will fail, but this sort of attack on the GPL
> concerns me anyway.
One might counter this with a lawsuit (or suits) in, say, China, Taiwan,
India, or eastern Europe, where backchannel distribution of certain
major desktop operating systems has hovered at or above 90% for a good
decade. Clearly this has to be implicitly authorized. And as a result,
the companies whose works are represented in this activity have tacitly
approved this contribution of their works to the public domain.
Good for the goose....
There's a reason it's called the judo license (referring to the GPL).
Karsten M. Self <email@example.com> http://kmself.home.netcom.com/
What Part of "Gestalt" don't you understand?
Reject EU Software Patents! http://swpat.ffii.org/
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