On Tue, 18 Dec 2001, Patrik Stridvall wrote:

> I'm against the fact that the GPL or to a smaller extent LGPL
> tries use the doctrine of derived work as a weapon to achieve
> their goals. It is a very dangerous weapon, since if the courts
> or the policitians decide that a strong doctrine of derived work
> is good it might be disasterous for society as a whole.

This is a very good point which in fact _promotes_ the LGPL. Let me
explain. 

There are two possibilities for copyright law:

1. The copyright law becomes stronger.
2. The copyright law becomes weaker.

I will assume, for the purpose of this discussion, that:

A. Wine contributors wish for 2. I, for one, am very worried about the
direction of law these days (see: software patents, DCMA, SSSCA, etc.) and
I fully agree with Gerard that it's an unfortunate situation
B. There doesn't seem to be any negative feedback loop that will prevent 2
from happening. That is, it is very probable that 2 _will_ happen sooner
rather than later.

Now, let's just go through the possibilities:

Let's look at copyright law. If our dreams come true and 2. will become
reality, then Wine will be in no worse situation than it is now in. The
LGPL will effectively become BSD, i./ii. become irrelevant, and we're all
happy. This scenario is possible, but (unfortunately) not probable.

On the other hand, if society moves towards 1., then the LGPL is the
perfect tool because it turns the stronger copyright law against itself. 
In this case, it is the only moral/ethical thing to do: to turn an evil
instrument against itself, thus provides the _negative_feedback_loop_ that
is missing at the moment.

Moreover, if you are worried about the fact that open source software is
so influential that it can influence the debate over the doctrine of
derived work, then even more so should we opt for the LGPL because in that
case we would contribute to a negative feedback that will deter
politicians from making the copyright law arbitrarily stronger.


--
Dimi.



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