Simon Hill wrote:
> Nope. Linus is NOT the sole copyright holder. All of the kernel developers
> with code in the kernel hold the copyright COLLECTIVELY. So you can quit
> worrying about this.
Sorry, not that simple. And I am not the only lawyer who thinks so. For
instance, check out
http://www.businessweek.com/bwdaily/dnflash/apr1999/nf90427a.htm {see
"spindly legs" piece}
Your retort merely begs the question - in fact, you've betrayed an even GREATER
legal weakness (or shall I say, ambiguity) in the GPL concept. I'm not even
talking about what that article refers to - whether the GPL is even enforceable
in a court of law. I am talking about the TRANSFERABILITY of the property
right vested in the copyright holder. Linus' copyright is the most important,
without question. And like any property right, it's transferable. One means
of property transfer is simply DEATH. Thus, I ask the question again, what
happens to Linux once Microsoft owns it?
This legal stuff may be boring or inconsequential to many, but it makes a
difference in the real world, the world that Linux has just entered. Just hide
and watch.
>
>
> On Wed, 19 May 1999, you wrote:
> >Linus is on his way to Finland for a week. Let us suppose that Linus'
> >plane gets blasted out of the sky by an errant meteorite. Fans mourn
> >his death. But what happens to Linux????????????
> >
> >Linus owns the copyright. Now, only Linus can ENFORCE copyright
> >violations, i.e packaging up Linux kernels and selling them as
> >closed-sourced code a la MS. I, Brandon Beasley, idiot user of Linux,
> >have no standing in a court of law to sue anyone who violates the Linux
> >GPL.
> >
> >So, I would guess whatever Linus owns goes to his wife after his death.
> >Let's say she falls on hard times, needs the cash to raise their two
> >kids, is approached by S. Ballmer, and is eventually won over by his
> >charm. She then sells to Microsoft the rights to the Linux copyright
> >for a millions dollars. Why not?
> >
> >So, MS now owns the copyright and is the ONLY entity that can enforce
> >the Linux copyright. I wonder how vigorous their defense of the GPL
> >would be??!!!
> >
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