[EMAIL PROTECTED] wrote:
Message: 2 From: "Steffen Heil" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Subject: AW: AW: [Clamav-users] Re: Re: Re: Windows port ? Date: Wed, 22 Sep 2004 15:42:00 +0200 Reply-To: [EMAIL PROTECTED]
Hi
Why should anyone else pay attention if the complainant violates his own
contract in the same manner.
First, because the owner can have a special license for himself. You can distribute the same product under several licenses. Second, if the owner of a some right violates that, it's absolutely legal, because he will not take himself to court.
Do not assume that because your are violating your own license you are not subject to it. In many situations it is fully valid for the owner of the IP to be forced to comply with the license with which the IP is distributed.
Should SCO be allowed to continue to distribute Linux in the form which they claim violates their license terms yet is under the GPL?
IANAL but the way I read it the only resolution would be a dual license which is why the GPL is considered by some to be a plague, it prevents the dual license from being used if it conflicts with the GPL.
http://www.gnu.org/licenses/gpl.txt
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6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
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