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From: Jesse Pollard <jesse@cats-chateau.net>
To: jmerkey@comcast.net, linux-kernel@vger.kernel.org
Subject: Re: Possible GPL Violation of Linux in Amstrad's E3 Videophone
Date: Fri, 1 Oct 2004 13:23:23 -0500
Cc: jmerkey@drdos.com
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On Friday 01 October 2004 12:40, jmerkey@comcast.net wrote:
> Who cares about GPL violations in Linux .  What can anyone do about it
> anyway.  The FSF isn't going to sue anyone unless someone give them the
> money to do it.  Most of this banter and name calling people do about it is
> a waste of time.  What punishment will anyone get for it.  A few people
> writing mean emails and finder pointing -- Yeah -- this will really stop
> someone from doing it.  If you give your code away GPL, or not you have
> just done just that.   Tigrian is correct in his statements.
>
> Even if you review it and make a fuss it does nothing to stop people.  The
> GPL is flawed since it does not require people to go back to the copyright
> holders and demand a license for commerical use.  This is the only way you
> will ever stop these people.  So instead of being whinny babies about it,
> fix the GPL and add this language.  Then anyone who uses the code in a
> commerical enterprise will be required to get a license, and you can
> actually do something about it.
>
> Oops.  Too late.  Linux has a huge trail of everyone's code under the GPL
> so you cannot re-release the code under another license unless the entire
> code base is re-written.  So anyone can fork it at any point and claim, "we
> never accepted the license even though we download and use the code.  Guess
> what, this is legally valid to say and totally circumvents the GPL, they
> just have to leave your copyright notices in place.
>
> :-)
>
> Jeff

Anybody that has code in the kernel under GPL is CAN start a lawsuit for
compliance. But that doesn't mean they HAVE to do so.

But if they don't know it may be happening, how could they decide?

So "make a fuss". If someone DOES decide to go after them.. fine.
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