Hi,

since we are already off topic, I can't resist the philosophical
nit-picking:

On Sat, Apr 10, 2010 at 05:27:38PM +0100, David Chisnall wrote:
> Company A spins out company B.
> Company A ships product A, which uses a third-party GPL'd product and
> provides new interfaces.
> Company B ships a proprietary product that uses these new interfaces.
> Company A is complying with the GPL with respect to the upstream product.
> Company B is violating the GPL, but only with respect to Company B's
> product.  Their product is not a derived work of the original, and is
> not shipped with the original, so only Company A has standing to sue.

This is interesting from a ontological perspective: For this approach to
work, you need to claim that is_derivative_work_of is intransitive. Is
that universally accepted? I can easily imaging cases where common
sense reasoning would dictate that when C is a derivative work of B and
B of A, C also is a derivative work of A. (e.g. let A be some
unpublished manuscript, B an edition thereof and C a translation of the
edition). That doesn't go to say that is_derivative_work_of is
necessarily transitive, but I the issue seems to call for a decision on
a case-by-case basis. (But then again, common sense is known to be
easily contradicted, so feel free to disagree.)

That being said, I totally agree with the whole "read less legalese,
write more code" pitch and I think we have a very sensible licensing
policy in place for Étoilé, at least for my non-fundamentalist taste.

Niels

*drops two cents into the off-topic jar*

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