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.
Ahem...
Many people have a hard time understanding American Constitutional issues...
The delegation of authority to Congress:
"...[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."
is NOT an exclusive one. In other words, it does NOT preclude any PRIVATE association from creating their OWN system for protecting the works of authors via contract, which is all the GPL is. It is valid, and any judge with half a brain working at 50% efficiency can see this plain as day - the problem will be finding a judge of this caliber who has ever read the Constitution and studies it's application.
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