On Mar 12, 2005, at 6:12 PM, Vince Hoang wrote:
On Fri, Mar 11, 2005 at 06:56:49PM -1000, Jim Thompson wrote:
If you're curious as to why Maui X-Stream, Inc. isn't being forced to
stop what they're doing, this is where things get a little tricky.
http://starbulletin.com/2004/10/15/news/story2.html
http://starbulletin.com/2004/10/19/news/story3.html
quoting from the second story:
"If the code similarities are borne out, it is unlikely PearPC's
developers could sue Maui X-Stream for a cut of any profits since
open-source codes are protected more by an honor system than any legal
basis, says Wired.com senior writer Leander Kahney.
The bummer here is that Copyright is the law, and the GPL is a
copyright contract. $10k per occurrence, baby.
I am not sure how deep MXS' pockets are, but the quotes from the
Star Bulletin make for good fodder should a lawsuit ever arise.
To my knowledge, the GPL has never been seriously tested in an
American
court -- at least partially because it's considered to be legally
solid.
Has the GPL ever been tested in any court of law?
Yes, twice, but both times were in Europe. Every time some company
has started to challenge it in the US, they've settled and walked away.
Its that strong, friends. Its that strong.
A big stumbling block is that a bunch of guys contributing code
in their spare time after work generally don't have the money
necessary to launch a civil suit against a company to get an
injunction, let alone one in another state, let alone one in
another state that's a Pacific away. It gets worse when you
realize not everyone is necessarily even in the United States.
The team can donate the code to the FSF and have the EFF do the
work on their behalf.
The FSF will only get involved where they own or have been assigned the
copyright on the code.
The EFF is full of evil people (some are good, but the organization has
broken down and there is a lot of in-fighting now.)
Me? I'd call these folks:
http://www.softwarefreedom.org/
Cause when your lawyer gets a call from Lessig or Mogen, its over.
