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

[James Courtier-Dutton]

jmerkey@xxxxxxxxxxx wrote:
> 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

You are incorrect here. If someone does not accept the GPL, the code is 
then covered under normal Copyright laws, which means that they are not 
allowed to make any copies of the work without prior consent of the 
copyright owners. With some work that has taken input from many 
different copyright owners, the only really workable solution is for 
people to accept the GPL or just not use the work at all. If they then 
use the copyright work, and don't comply with the GPL, it only takes one 
copyright owner to complain, for them to be scared enough to back off.

For example, a company uses Linux in a set top box and sells 1 million 
boxes. They choose not to comply with the GPL, and a copyright owner 
complains. That copyright owner will win the case easily (There are many 
examples of it.) forcing the company to recall all 1 million units, 
resulting in the company going bankrupt.

Companys are making good money by using Linux and complying to the GPL 
license in their boxes. Amstrad is a good example of doing it the right 
way as there is currently no real evidence that they have broken the 
GPL. ( Does anyone have the url to download the source code from 
Amstrad? I can download the manual, just not the source code. )

James
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