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Re: The great BusyBox fraud continues


From: Hyman Rosen
Subject: Re: The great BusyBox fraud continues
Date: Wed, 08 Dec 2010 15:58:35 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.8) Gecko/20100802 Thunderbird/3.1.2

On 8/9/2010 4:06 PM, RJack wrote:
Which court has said this about your vaunted GPL?

The CAFC has said it about the Artistic License in the
JMRI case, and the GPL has similar enough features that
it is reasonable to assume the same outcome.

In Progress v. MySQL, the court said

<http://scholar.google.com/scholar_case?case=13584730711160488510>
    With respect to the General Public License ("GPL"), MYSQL has
    not demonstrated a substantial likelihood of success on the
    merits or irreparable harm. Affidavits submitted by the parties'
    experts raise a factual dispute concerning whether the Gemini
    program is a derivative or an independent and separate work
    under GPL ΒΆ 2. After hearing, MySQL seems to have the better
    argument here, but the matter is one of fair dispute. Moreover,
    I am not persuaded based on this record that the release of the
    Gemini source code in July 2001 didn't cure the breach.

indicating by context that the GPL is a meaningful license and the
arguments were to be about its details, not about its validity.


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