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Re: Licensing question about the BSD


From: Isaac
Subject: Re: Licensing question about the BSD
Date: Sat, 06 Aug 2005 12:59:56 -0500
User-agent: slrn/0.9.7.4 (Linux)

On Sat, 06 Aug 2005 09:13:36 +0200, David Kastrup <dak@gnu.org> wrote:
> Isaac <isaac@latveria.castledoom.org> writes:
> 
>> On Fri, 05 Aug 2005 17:57:00 +0200, David Kastrup <dak@gnu.org> wrote:
>>> Alexander Terekhov <terekhov@web.de> writes:
>>> 
>>>> Bruce Lewis wrote:
>>>> [...]
>>>>> GPL'ed code.  Your application's dependence on the GPLed code is very
>>>>> likely to make it a derivative work.
>>>>
>>>> "Various claims made by the FSF, conflating engineering dependencies 
>>>>  with copyright infringement, are not correct as a matter of law and 
>>>>  do not form part of the agreement accepted by a licensee when 
>>>>  exercising the license granted in the GPL. Therefore, 
>>>>  notwithstanding the drafters' intentions, the GPL text as written 
>>>>  does not compel the release of source code for independently 
>>>>  authored software components that use (or are used by) GPL programs 
>>>>  through any of the usual mechanisms employed elsewhere in the 
>>>>  software industry. GPL "enforcement" actions that proceed on this 
>>>>  basis, including those against NeXT and MCC which resulted in the
>>>>  assignment to the FSF of copyright to the Objective C and C++ front
>>>>  ends to GCC, operate under false pretenses."
>>>>
>>>>    -- Michael K. Edwards, Will the Real GNU GPL Please Stand Up?, 
>>>>       unpublished draft 10th June 2005.
>>> 
>>> Too bad that the courts and the legal departments of companies like
>>
>> Which court decisions are in disagreement with Mr. Edward's position?
> 
><URL:http://www.netfilter.org/news/2004-04-15-sitecom-gpl.html>
><URL:http://gpl-violations.org/news/20050414-fortinet-injunction.html>
> 

These cases really do not appear to be on point and seem to deal with
non controversial aspects of the GPL and copyright law.  

I'm not really questioning your position at this point, but I am 
questioning your statement that the issue of component usage has been 
settled by court decisions.  I think your overstated things a bit.

Isaac

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