Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S261832AbUKJCEi (ORCPT ); Tue, 9 Nov 2004 21:04:38 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S261830AbUKJCEf (ORCPT ); Tue, 9 Nov 2004 21:04:35 -0500 Received: from sanosuke.troilus.org ([66.92.173.88]:40919 "EHLO sanosuke.troilus.org") by vger.kernel.org with ESMTP id S261832AbUKJCBt (ORCPT ); Tue, 9 Nov 2004 21:01:49 -0500 To: Kyle Moffett Cc: Alan Cox , Linux Kernel Mailing List , davids@webmaster.com, Dmitry Torokhov , =?iso-8859-1?q??= =?iso-8859-1?q? =?ISO-8859-1?Q?=20Rapha=EBl?= Rigo LKML?= Subject: Re: GPL Violation of 'sveasoft' with GPL Linux Kernel/Busybox +code References: <1100042579.16729.7.camel@localhost.localdomain> From: Michael Poole Date: 09 Nov 2004 21:01:44 -0500 In-Reply-To: Message-ID: <87ekj2fomv.fsf@sanosuke.troilus.org> User-Agent: Gnus/5.09 (Gnus v5.9.0) Emacs/21.3 MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1524 Lines: 31 Kyle Moffett writes: > In this case however, you buy the right to future updates for $20. > This is > a contract between you and SveaSoft that essentially says: > > If you pay SveaSoft $20, you will receive all updates for the next > > year. > > If you chose to exercise your GPL right to redistribute, however, you > > will lose the subscription you paid $20 for." > > The penalty for exercising your GPL distribution right is losing your > $20 subscription. I believe that such a penalty is a restriction on you > exercising your GPL rights. It is no such thing. Restriction \Re*stric"tion\, n. [F. restriction, L. restrictio.] 1. The act of restricting, or state of being restricted; confinement within limits or bounds. You can fully exercise your rights under the GPL; they are not restricted. However, you cannot expect future support from Sveasoft. Only your contract entitles you to that support, and if you do something to terminate your contract, it is outside the GPL's scope. This is unpleasant for a lot of people. It is probably suboptimal for the free software community. Life can be hard like that. Any competent lawyer could have a copyright infringement claim dismissed if the claim were based on your theory of the GPL. Michael Poole - 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/