Re: Possible GPL Violation of Linux in Amstrad's E3 Videophone

From: jmerkey
Date: Fri Oct 01 2004 - 12:43:18 EST


Who cares about GPL violations in Linux . What can anyone do about it anyway. The FSF
isn't going to sue anyone unless someone give them the money to do it. Most of this
banter and name calling people do about it is a waste of time. What punishment will
anyone get for it. A few people writing mean emails and finder pointing -- Yeah --
this will really stop someone from doing it. If you give your code away GPL, or not
you have just done just that. Tigrian is correct in his statements.

Even if you review it and make a fuss it does nothing to stop people. The GPL is flawed
since it does not require people to go back to the copyright holders and demand a license
for commerical use. This is the only way you will ever stop these people. So instead
of being whinny babies about it, fix the GPL and add this language. Then anyone
who uses the code in a commerical enterprise will be required to get a license, and you
can actually do something about it.

Oops. Too late. Linux has a huge trail of everyone's code under the GPL so you cannot
re-release the code under another license unless the entire code base is re-written. So
anyone can fork it at any point and claim, "we never accepted the license even though
we download and use the code. Guess what, this is legally valid to say and totally
circumvents the GPL, they just have to leave your copyright notices in place.

:-)

Jeff



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