On Wed, 2007-05-02 at 09:27 -0700, Stewart Stremler wrote: > begin quoting Paul G. Allen as of Wed, May 02, 2007 at 09:15:54AM -0700: > [snip] > > The GPL grants the licensee the right to re-distribute the Program and > > any derivative works. If the license is violated (e.g. - you sell the > > Program and/or derivative works without providing the source code and a > > copy of the license with it), *then* the license, and all rights granted > > by it, can be revoked. > > By whom? > > The ninety-two contributors, some of which are rather difficult to > reach?
I'm not just referring to Linux or other GPL software that has many contributors. Random Logic has written a derivative work based upon GPL software that was written by one other entity. That Program is free for anyone to use and re-distribute forever according to the license, unless the license is violated. In such a case, myself and the other party can bring the hammer down (and the other party can do it quite well) and revoke the license. (Note: In my previous post, I forgot to state that Program is defined within the GPL, which is why I capitalize it.) That said, in the case of Linux, with Linux as the many copyright holder, if he revokes the license for a violation, then there's no need for the other contributors to chime in. However, I can see where if 91 of the contributors say it's OK, and 1 says revoke it, there could be a court battle to determine who owns what portions, etc. This is one more reason why, when working on a project with multiple programmers, each one should put their initials and date in the comments wherever they make a contribution. > > I still wonder if the "we'll distribute the source code -- just not > right now -- it'll be a couple of years before we get that set up" approach > would work. That's when the threats, suing, etc. usually starts. > > > > Whatever the hell they want until they are stopped. (My lawyers often > > tell me that, right before I stop the other party from doing whatever > > the hell they want. :) ) > > You never lose, eh? Not to date (not withstanding the fees the lawyers snake from their victims). One thing I've always told people though, even when on the winning side, everyone loses except the lawyers (though recently a lawyer lost without anyone going to court :D ). > > > > It happens all the time in courts. Someone says, "I gave it to them as a > > gift." > > > > The judge says, "Then you gave up all your rights to it." > > Yup. Which is why the lack of a consideration with GPL software might > well turn it into a gift. It hasn't yet happened and I'd think that if a Microsoft thought it could, they would have tried it in court by now. > > > > I don't think they have honest and meaningful disagreements about > > anything most of the time, let alone about this. :) > > I think they do. Any group of intelligent people will. I've never met an intelligent lawyer, only lawyers that thought they were. :) > > > The only reason it appears to be murky is because of the hidden agendas > > behind those lawyers and corporations that are making it murky. > > It's hidden agendas all around, friend. > Which reminds me, I need to make sure mine is still in hiding. PGA -- Paul G. Allen BSIT/SE Owner/Sr. Engineer Random Logic Consulting www.randomlogic.com -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
