On Sat, 28 Feb 2004, Jim Shanks wrote: > > On Fri, 27 Feb 2004 17:43:51 -0500 > > Rashkae <[EMAIL PROTECTED]> wrote: > > My question is this: by declaring the GPL as invalid, isn't that > > non-acceptance of the license, which in turn invalidates your right to > > distribute all GPL software? (SCO does distribute Samba in its products, > > while > > at the same time they have a document on their website declaring the GPL > > invalid; > > See: http://www.thescogroup.com/copyright/ for details) > > products, although IANAL. > Actually, didn't SCO make the arguement that any GPL'd software should > actually be declared "public domain"? If that's so, doesn't allowing them > to continue using the software under the GPL put the copyright at risk?
In their site they write (these are not THEIR words !): "Congress shall have Power [t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Thi later cite a sentence that want to show they are right. The sentence is about extension of terms, that is how much "limited time" is excluseve right ! The only things that GPL license differ than a "normal" copyrighted work are: 1. the license does not "expire" 2. The license force you to license derived works with the same license. There are the points that SCO try use to show it is illegal. Observations: 1. : Yes, they are right on this point, but -apart that this would apply to any of the computer licenses- this would only have the effect to set a limit on the time it would apply, and since they see "right" to increase the spanm of tiome this would not be a problem now, and for may years to come [incidentally: each update of programs would shift further later expiring !]. The fact that whitin a certain time it would become PD, as many patents, should not worry much. 2. you have "exclusive" rights ... isn't ? So exclusive right mean also that you can license with the condition that teh reciver must sublicense only under GPL. Also, the GOL is not mandatory nor exclusive, since you can have dual licensing [see MySQL ] so if you are not happy with GPL you have other ways .... -- To unsubscribe from this list go to the following URL and read the instructions: http://lists.samba.org/mailman/listinfo/samba
