[News] GPL Likely to Get Another Round in US Court - Linux

This is a discussion on [News] GPL Likely to Get Another Round in US Court - Linux ; Is the Monsoon settlement a missed opportunity? ,----[ Quote ] | Certainly more was hoped for from the first US GPL lawsuit. “This case is | very important because it will establish what type of remedies (either | contract or ...

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Thread: [News] GPL Likely to Get Another Round in US Court

  1. [News] GPL Likely to Get Another Round in US Court

    Is the Monsoon settlement a missed opportunity?

    ,----[ Quote ]
    | Certainly more was hoped for from the first US GPL lawsuit. “This case is
    | very important because it will establish what type of remedies (either
    | contract or copyright) are available to licensors for breach of the GPLv2,”
    | wrote Mark Radcliffe at the time the complaint was filed.
    |
    | However, for those looking for legal precedent, all may not be lost. “Stay
    | tuned, however, as this is likely not the last lawsuit we will see here in
    | the U.S. to enforce the terms of the GPL,” notes Haislmaier.
    `----

    http://blogs.the451group.com/opensou...d-opportunity/


    Related:

    Do Microsoft's EULAs have any real legal basis?

    ,----[ Quote ]
    | "Microsoft has no special exemption from the sale of goods act." Well,
    | no, probably not - but it might still be selling you "services"
    | instead of "goods". But the real point to remember is that it doesn't
    | matter a jot what the "logical" position is, it is what the courts
    | decide that matters.
    |
    | As far as I know, no one has tested Microsoft's EULAs in a UK court
    | and, until someone does, Microsoft will just go on assuming that they
    | work. And I don't fancy the risk of taking on Microsoft's expensive
    | lawyers in court myself...
    `----

    http://www.regdeveloper.co.uk/2007/0...icrosoft_eula/

  2. Re: [News] GPL Likely to Get Another Round in US Court

    Roy Schestowitz espoused:
    > Is the Monsoon settlement a missed opportunity?
    >
    > ,----[ Quote ]
    >| Certainly more was hoped for from the first US GPL lawsuit. ?This case is
    >| very important because it will establish what type of remedies (either
    >| contract or copyright) are available to licensors for breach of the GPLv2,?
    >| wrote Mark Radcliffe at the time the complaint was filed.
    >|
    >| However, for those looking for legal precedent, all may not be lost. ?Stay
    >| tuned, however, as this is likely not the last lawsuit we will see here in
    >| the U.S. to enforce the terms of the GPL,? notes Haislmaier.
    > `----
    >
    > http://blogs.the451group.com/opensou...d-opportunity/
    >


    I would think that the US would be the last place on the planet to
    affirm the validity of the GPL - the anti-GPL crowd is strongest there,
    and the government shows every sign of having been completely
    manipulated.

    >
    > Related:
    >
    > Do Microsoft's EULAs have any real legal basis?
    >
    > ,----[ Quote ]
    >| "Microsoft has no special exemption from the sale of goods act." Well,
    >| no, probably not - but it might still be selling you "services"
    >| instead of "goods". But the real point to remember is that it doesn't
    >| matter a jot what the "logical" position is, it is what the courts
    >| decide that matters.
    >|
    >| As far as I know, no one has tested Microsoft's EULAs in a UK court
    >| and, until someone does, Microsoft will just go on assuming that they
    >| work. And I don't fancy the risk of taking on Microsoft's expensive
    >| lawyers in court myself...
    > `----
    >
    > http://www.regdeveloper.co.uk/2007/0...icrosoft_eula/


    Microsoft's EULAs appear to break much UK law to me.

    --
    | Mark Kent -- mark at ellandroad dot demon dot co dot uk |
    | Cola faq: http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/ |
    | Cola trolls: http://colatrolls.blogspot.com/ |
    | My (new) blog: http://www.thereisnomagic.org |

  3. Re: GPL Likely to Get Another Round in US Court

    On Nov 3, 9:41 am, Mark Kent wrote:
    > Roy Schestowitz espoused:
    >
    > > Is the Monsoon settlement a missed opportunity?

    >
    > > ,----[ Quote ]
    > >| Certainly more was hoped for from the first US GPL lawsuit. ?This case is
    > >| very important because it will establish what type of remedies (either
    > >| contract or copyright) are available to licensors for breach of the GPLv2,?
    > >| wrote Mark Radcliffe at the time the complaint was filed.
    > >|
    > >| However, for those looking for legal precedent, all may not be lost. ?Stay
    > >| tuned, however, as this is likely not the last lawsuit we will see here in
    > >| the U.S. to enforce the terms of the GPL,? notes Haislmaier.
    > > `----

    >
    > >http://blogs.the451group.com/opensou...he-monsoon-set...

    >
    > I would think that the US would be the last place on the planet to
    > affirm the validity of the GPL - the anti-GPL crowd is strongest there,
    > and the government shows every sign of having been completely
    > manipulated.
    >


    You can blame it on the government, or the "anti-GPL crowd" but that
    is a cop out. Lawsuits can be appealed to the Supreme Court (if they
    have merit) where judges sit for life and are above government
    interfence, or this mythical anti-GPL crowd you envision. Maybe the
    GPL needs to be improved. Maybe the SFLC should have grown some balls
    and taken this to it's conclusion instead of a opting for a
    settlement. Remember they gave up and chose a settlement, they could
    have continued. You can continue to blame Microsoft for Linux problems
    all you want, but if the GPL is unenforcable, that is the biggest
    threat to Linux. Who will want to develop then? Certainly not me
    anymore.


  4. Re: GPL Likely to Get Another Round in US Court

    ____/ cc on Saturday 03 November 2007 14:00 : \____

    > On Nov 3, 9:41 am, Mark Kent wrote:
    >> Roy Schestowitz espoused:
    >>
    >> > Is the Monsoon settlement a missed opportunity?

    >>
    >> > ,----[ Quote ]
    >> >| Certainly more was hoped for from the first US GPL lawsuit. ?This case is
    >> >| very important because it will establish what type of remedies (either
    >> >| contract or copyright) are available to licensors for breach of the
    >> >| GPLv2,? wrote Mark Radcliffe at the time the complaint was filed.
    >> >|
    >> >| However, for those looking for legal precedent, all may not be lost.
    >> >| ?Stay tuned, however, as this is likely not the last lawsuit we will see
    >> >| here in the U.S. to enforce the terms of the GPL,? notes Haislmaier.
    >> > `----

    >>
    >> >http://blogs.the451group.com/opensou...he-monsoon-set...

    >>
    >> I would think that the US would be the last place on the planet to
    >> affirm the validity of the GPL - the anti-GPL crowd is strongest there,
    >> and the government shows every sign of having been completely
    >> manipulated.
    >>

    >
    > You can blame it on the government, or the "anti-GPL crowd" but that
    > is a cop out. Lawsuits can be appealed to the Supreme Court (if they
    > have merit) where judges sit for life and are above government
    > interfence, or this mythical anti-GPL crowd you envision. Maybe the
    > GPL needs to be improved. Maybe the SFLC should have grown some balls
    > and taken this to it's conclusion instead of a opting for a
    > settlement. Remember they gave up and chose a settlement, they could
    > have continued. You can continue to blame Microsoft for Linux problems
    > all you want, but if the GPL is unenforcable, that is the biggest
    > threat to Linux. Who will want to develop then? Certainly not me
    > anymore.


    cc,

    The GPL is enforceable. It has already been enforced. Whether the US will find
    some weasel argument to escape the GPL's jaws is another story. You know what
    they say... "Only in America"

    --
    ~~ Best of wishes

    Roy S. Schestowitz | $> sudo root; cd /; rm -rf *.doc
    http://Schestowitz.com | GNU/Linux | PGP-Key: 0x74572E8E
    Mem: 515500k total, 444984k used, 70516k free, 2000k buffers
    http://iuron.com - next generation of search paradigms

  5. Re: GPL Likely to Get Another Round in US Court

    Roy Schestowitz espoused:
    > ____/ cc on Saturday 03 November 2007 14:00 : \____
    >
    >> On Nov 3, 9:41 am, Mark Kent wrote:
    >>> Roy Schestowitz espoused:
    >>>
    >>> > Is the Monsoon settlement a missed opportunity?
    >>>
    >>> > ,----[ Quote ]
    >>> >| Certainly more was hoped for from the first US GPL lawsuit. ?This case is
    >>> >| very important because it will establish what type of remedies (either
    >>> >| contract or copyright) are available to licensors for breach of the
    >>> >| GPLv2,? wrote Mark Radcliffe at the time the complaint was filed.
    >>> >|
    >>> >| However, for those looking for legal precedent, all may not be lost.
    >>> >| ?Stay tuned, however, as this is likely not the last lawsuit we will see
    >>> >| here in the U.S. to enforce the terms of the GPL,? notes Haislmaier.
    >>> > `----
    >>>
    >>> >http://blogs.the451group.com/opensou...he-monsoon-set...
    >>>
    >>> I would think that the US would be the last place on the planet to
    >>> affirm the validity of the GPL - the anti-GPL crowd is strongest there,
    >>> and the government shows every sign of having been completely
    >>> manipulated.
    >>>

    >>
    >> You can blame it on the government, or the "anti-GPL crowd" but that
    >> is a cop out. Lawsuits can be appealed to the Supreme Court (if they
    >> have merit) where judges sit for life and are above government
    >> interfence, or this mythical anti-GPL crowd you envision. Maybe the
    >> GPL needs to be improved. Maybe the SFLC should have grown some balls
    >> and taken this to it's conclusion instead of a opting for a
    >> settlement. Remember they gave up and chose a settlement, they could
    >> have continued. You can continue to blame Microsoft for Linux problems
    >> all you want, but if the GPL is unenforcable, that is the biggest
    >> threat to Linux. Who will want to develop then? Certainly not me
    >> anymore.

    >
    > cc,
    >
    > The GPL is enforceable. It has already been enforced. Whether the US will find
    > some weasel argument to escape the GPL's jaws is another story. You know what
    > they say... "Only in America"
    >


    I refer you to my previous remark. I've no idea what the troll thought
    he was replying to.

    --
    | Mark Kent -- mark at ellandroad dot demon dot co dot uk |
    | Cola faq: http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/ |
    | Cola trolls: http://colatrolls.blogspot.com/ |
    | My (new) blog: http://www.thereisnomagic.org |

  6. Re: GPL Likely to Get Another Round in US Court

    On Nov 3, 10:28 am, Roy Schestowitz
    wrote:
    > ____/ cc on Saturday 03 November 2007 14:00 : \____
    >
    >
    >
    >
    >
    > > On Nov 3, 9:41 am, Mark Kent wrote:
    > >> Roy Schestowitz espoused:

    >
    > >> > Is the Monsoon settlement a missed opportunity?

    >
    > >> > ,----[ Quote ]
    > >> >| Certainly more was hoped for from the first US GPL lawsuit. ?This case is
    > >> >| very important because it will establish what type of remedies (either
    > >> >| contract or copyright) are available to licensors for breach of the
    > >> >| GPLv2,? wrote Mark Radcliffe at the time the complaint was filed.
    > >> >|
    > >> >| However, for those looking for legal precedent, all may not be lost.
    > >> >| ?Stay tuned, however, as this is likely not the last lawsuit we will see
    > >> >| here in the U.S. to enforce the terms of the GPL,? notes Haislmaier.
    > >> > `----

    >
    > >> >http://blogs.the451group.com/opensou...he-monsoon-set...

    >
    > >> I would think that the US would be the last place on the planet to
    > >> affirm the validity of the GPL - the anti-GPL crowd is strongest there,
    > >> and the government shows every sign of having been completely
    > >> manipulated.

    >
    > > You can blame it on the government, or the "anti-GPL crowd" but that
    > > is a cop out. Lawsuits can be appealed to the Supreme Court (if they
    > > have merit) where judges sit for life and are above government
    > > interfence, or this mythical anti-GPL crowd you envision. Maybe the
    > > GPL needs to be improved. Maybe the SFLC should have grown some balls
    > > and taken this to it's conclusion instead of a opting for a
    > > settlement. Remember they gave up and chose a settlement, they could
    > > have continued. You can continue to blame Microsoft for Linux problems
    > > all you want, but if the GPL is unenforcable, that is the biggest
    > > threat to Linux. Who will want to develop then? Certainly not me
    > > anymore.

    >
    > cc,
    >
    > The GPL is enforceable. It has already been enforced. Whether the US will find
    > some weasel argument to escape the GPL's jaws is another story. You know what
    > they say... "Only in America"
    >


    You misinterpret how the US court system works. There's no way the
    "US" could find some weasel argument.


  7. Re: GPL Likely to Get Another Round in US Court


    "cc" wrote in message
    news:1194098444.482948.242320@57g2000hsv.googlegro ups.com...
    >
    > You can blame it on the government, or the "anti-GPL crowd" but that
    > is a cop out. Lawsuits can be appealed to the Supreme Court (if they
    > have merit) where judges sit for life and are above government
    > interfence, or this mythical anti-GPL crowd you envision. Maybe the
    > GPL needs to be improved. Maybe the SFLC should have grown some balls
    > and taken this to it's conclusion instead of a opting for a
    > settlement. Remember they gave up and chose a settlement, they could
    > have continued. You can continue to blame Microsoft for Linux problems
    > all you want, but if the GPL is unenforcable, that is the biggest
    > threat to Linux. Who will want to develop then? Certainly not me
    > anymore.
    >

    Why on earth would that matter? Do the folks playing around with freeBSD
    worry about that? Obviously not. You all kid yourselves into thinking that
    there is something worthwhile about the GPL protection, but there is nothing
    there. What would happen if someone were to successfully "steal" the Linux
    code? After some 15 years of trying and offering it to the world for free,
    there are next to no takers for it on the desktop and Red Hat and Novell,
    after marketing as hard as they can, have only displaced about a third of
    the old Unix users. Stealing it would be like coming out with your own
    Linux distro. You would get a handful of chippers trying it on and writing
    about how it is inferior to some other, equally obscure, distro. Big deal.

    Has anyone in the Linux world had an innovative thought in all of those 15
    years? Not a one. IBM still sells AIX as a superior choice to Linux and so
    does HP and Sun sell their own Unix as superior. It is the lowest common
    denominator generic Unix for those who don't want to pay much and don't need
    anything special.


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