Key Legal Battles Forge Fate Of Free Software
from the testing-the-limits dept
Dan Gillmor is talking about how open source software is about to face it's first real "legal battles" and they could really impact the future of software development. He discusses the SCO-suing-every-Linux-user issue that's already been discussed to death, but also brings up another (potentially more interesting) case. This one isn't in court yet, but might get there. The question is whether or not the GPL is really enforceable. OpenTV is apparently using GPL software in their product, but has refused to make it available - or is attaching conditions to making it available. OpenTV says there's been some miscommunication over the issue, and they have every intention of making their code available - but it does raise the issue of how the courts would treat code that is GPLed. I agree with Gillmor's take. It's a contractual issue. If you're messing with GPL code, the conditions of use are clearly stated, and you agree to them when you use the code - so you're contractually bound by them. If you don't like it, don't use GPLed code.
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Nice attitude - now what about?
Now, what about when people REMOVE the BSD copyright (or other copyrights) and REPLACE it with the GPL?
All the talk about 'rights' is great. I'm all for rights. But why is it the GPL-righteous? What about when the GPL steals from others? Like the charge by SCO VS IBM?
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Re: Nice attitude - now what about?
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Suppose SCO wins....
It will be the shot heard around the world that hit nothing
Will people stop using linux? No.
Will Red Hat and other linux vendors cease to exist? No.
Will SCO return to profitability? No.
So, what's the point.
The community is espically bemused that Microsoft actually paid the SCO extortion fee. If SCO were smart, the would stop there.... but they're not and they'll most likely lose.... and then Microsoft will have one less competitor.
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