Mark Harrison wrote:
<big snip>
> In the UK, it's hard to see how the courts would do anything other than 
<snip>
> In the US, the concept of "punitive damages" exists,
<snip>
> What I don't see (and this is where I came in - in disagreeing with some 
> of the web articles written) is that a customer calling for support on a 
> GPLv3 product under one of these contracts would automatically mean that 
> Microsoft had breached the law.


Yes, I guess I was mainly intrigued by the principle that GPL piggybacks 
on existing copyright law so as to prevent individuals (or corporate 
entities) from asserting exclusive ownership, rather than setting up a 
contract specifically to preserve exclusive ownership.  That's what 
struck my as a stroke of genius (and so unlike the normal principles 
underlying licensing).

And, as you say, a consequence is that how the mechanics of GPL work in 
practice will be specific to the particular jurisdiction's copyright 
legislation.  (Eben has said that he thinks GPLv3 is a bit too focused 
on the USA.)

One of the bloggers pointed out that in the USA, breach of copyright can 
be a criminal offence as well as a civil one

(See 
http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000506----000-.html)

Do you (or Matthew) know whether this might actually have any relevance 
to Microsoft's liability?

Best wishes

Mac

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