On Tue, 06 Jun 2006 11:52:27 -0500, Curtis wrote in message 
<[EMAIL PROTECTED]>:

> Here's a question for all you amateur lawyers and GPL experts out
> there.

..also ask this at Groklaw, or shall I?

> Let's say that someone wants to create a proprietary aircraft within
> the  FlightGear system, and then distribute a larger "system" that
> includes  FlightGear + that aircraft.

..and here you mean hardware which will make noises if you slap it?
Or, is it all software?

> In my view, the FlightGear GPL license covers our source code, but not
> content created with or used by that code (except for things like the
> base package which is explicitely licensed as GPL.)  

..and even here I would try convince them they should use the GPL for
their own stuff.  Point their techies to Groklaw and their ties to IBM.

> Is it possible that  someone could lay claim to any newly created
> proprietary "content" (3d  models, artwork, panels, etc.) by way of
> the GPL?  

..no, what they usually try to claim, is content "that was neven meant
for GPL freedom", thru theft, espionage etc, this is usually either
removed _promptly_, or settled _promptly_ or, in a coupla _rare_ cases,
litigated for us Groklawyers _amusement_. ;o)

..the "IP" owner, decides his own licensing.  If he wanna distribute GPL
code too, the terms and case law tells him he will provide the source
too, under the GPL.  
Charging a reasonable or get-rich-quick fee is fine but optional.

..for stolen etc code, the GPL is irrelevant, here copyright and
criminal law bites the perps when caught.

> Even if FlightGear is  happy to allow people to create proprietary
> aircraft, could someone  upstream in plib or zlib or openal land
> somehow file a complaint?

..oh yeah, anyone with Microsoft kinda money.  
Only one way to fight this, stay squeaky clean and GPL.

> To me this is analogous to Microsoft demanding all documents created
> and  owned by a company just because they created and edited them with
> Microsoft Word.  

..not quite, more like Microsoft Visual Studio lib touched code.
"Grey."

> I just don't see that ever happening.

.._plan_ for it, and feel free to laugh at me if I prove wrong, 
IBM has Ballmer by the balls, and Ballmer _is_ going to jail, 
AFAU Groklaw, but _getting_ there past Microsoftm funding, 
will still bumpy.  
We (FG) may be one such bump, so we do not ever wanna 
stray off the one true License, the GPL.

..Microsoft proxy Caldera alias The SCO Group is now on its 4'th year 
in its litigation against IBM, Novell and AutoZone and Red Hat, and
had _still_ not told what they sued for, last time I chked.

> But I wonder what others think about this issue from a legal point of
> view.
> 
> Thanks,
> 
> Curt.
> 

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.



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