[Top][All Lists]

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Microsoft needs a help strategy

From: amicus_curious
Subject: Re: Microsoft needs a help strategy
Date: Wed, 28 Jan 2009 14:49:59 -0500

"Hyman Rosen" <> wrote in message news:C02gl.11630$8O.8752@newsfe06.iad...
Rjack wrote:
Verizon told them to kiss their ass and the only result was a voluntary dismissal WITH PREJUDICE. Hasn't Alexander taught you anything at all?

Verizon provides a download link for firmware for routers manufactured
by Actiontec. Actiontec makes the GPLed sources available. The Verizon
URL contains the words "actiontec gateway", and without knowing the
details of what is going on at Verizon, it is difficult to say whether
Verizon is violating the GPL or not, and whether it is doing so in a way
that a court would find problematic.

This is a very slim hope to hang GPL opposition upon.

The central issue seems to be whether the statutory issues in the copyright laws apply in the absence of any financial harm to the author(s). That was the issue with the Jacobsen vs Katzer case and is the central prop for the GPL as well In terms of a contract issue, there is a possible lack of consideration involved if the user can copy and distribute a work at no cost. The circuit court ruled more or less in favor of the GPL et al when it said that there could be important considerations outside of mere money and so the district court could not dismiss the request for an injunction on the basis that there was no money involved and hence no harm. The district court then dismissed the injunction on the basis that the plaintiff had not shown that there was any non-monetary harm either and pointed to a Supreme Court opinion that has modified the Draconian terms of some of the previously held copyright doctrines.

This same reasoning is applicable to the GPL and brings up the notion of whether the GPL requirements are out of balance with the benefits presumably provided.

reply via email to

[Prev in Thread] Current Thread [Next in Thread]