Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S269598AbTGJSts (ORCPT ); Thu, 10 Jul 2003 14:49:48 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S269600AbTGJStr (ORCPT ); Thu, 10 Jul 2003 14:49:47 -0400 Received: from ns1.cypress.com ([157.95.67.4]:63116 "EHLO ns1.cypress.com") by vger.kernel.org with ESMTP id S269598AbTGJStj (ORCPT ); Thu, 10 Jul 2003 14:49:39 -0400 Message-ID: <3F0DB8A6.8070702@cypress.com> Date: Thu, 10 Jul 2003 14:04:06 -0500 From: Thomas Dodd Reply-To: Linux Kernel Mailing List User-Agent: Mozilla/5.0 (X11; U; SunOS sun4u; en-US; rv:1.4) Gecko/20030701 X-Accept-Language: en-us, en MIME-Version: 1.0 To: Linux Kernel Mailing List Subject: Re: Dell vs. GPL References: <3F0D7B0F.8090506@cypress.com> <200307101105.08279.gene.heskett@verizon.net> In-Reply-To: <200307101105.08279.gene.heskett@verizon.net> Content-Type: text/plain; charset=us-ascii; format=flowed Content-Transfer-Encoding: 7bit Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 2012 Lines: 61 Gene Heskett wrote: > On Thursday 10 July 2003 10:41, Thomas Dodd wrote: > >>Miles Bader wrote: >> >>>Thomas Dodd writes: >>> >>>>Either license would still reguire registration for enforcement. >>>>But the _new_ license, like OSL, would "will have teeth to >>>>defend", and stand up in court since the GPL didn't. >>> >>>Why? If the court loss was due to a lack of registration, the >>>content of the license has no relevance -- _any_ license would >>>lose in that situation. > > > What court loss? The hypothetical one that Andre was talking about. See below. >>Where did you get that the "loss was due to a lack of registration" >>? >> >>From Andre's 6/29 message: >> >>>I am in the process of getting the formal registered copyright. >>> >>>I will take GPL to court and will not settle out of court. >>>GPL will live or die in this case, I do not give a damn which way >>>it falls. >>> >>>GPL wins great. >>>GPL loses, maybe better so it can be replaced with OSL and then >>>it gets serious because we will have teeth to defend the ideas >>>of open source. Here Andre was discussing his current case. He is in the process of registering his copyright. Once that done he plans to go to court. He says he will not settle out of court, so the GPL _WILL BE_ tested in this case. The next 2 lines should have started with "If" to be correct, but it was clear from context. He was discussing the 2 possible outcomes. 1) The GPL is enforcable, and he wins. 2) The GPL is not enforcable, he looses, and the GPL _will need to be_ replaced. He then suggests the OSL as a more enforcable license. > And where can a person view this 'replacement' GPL, called OSL? Already answered, but here http://www.opensource.org/licenses/osl.php -Thomas - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/