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licence drafter == copyright holder | 474 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
In this case the FSF is also the copyright owner
Authored by: PolR on Monday, July 02 2012 @ 03:27 PM EDT
Why would the court ignore a promise made publicly? They own the copyright and
only them have standing to sue.

[ Reply to This | Parent | # ]

Equity (law) - Wow that explains *So* much :-)
Authored by: SilverWave on Monday, July 02 2012 @ 03:36 PM EDT
Equity (law)

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

The GPL is unconstitutional
Authored by: Anonymous on Monday, July 02 2012 @ 03:41 PM EDT

Yea.... and many - prior to the actual court tests - claimed the GPL is invalid (among other things). There were those of us who opined the simple logic:

    If the GPL does not apply, then default Copyright Law applies which is more limiting then the GPL!
Yet some - unbelievably - actually had to have a Judge tell them that before they decided the GPL really doesn't put code into the public domain after all.

You are correct that a Court will eventually decide. But what do you figure the odds are the Court will take into consideration the intent of the primary drafters of the license as opposed to those who would rather believe "invalid license = public domain". Well... going based on the track record.... I'd say odds favor the FSF - they seem to be batting 1.000 so far.

RAS

[ Reply to This | Parent | # ]

licence drafter == copyright holder
Authored by: Wol on Monday, July 02 2012 @ 04:35 PM EDT
THIS is what you are missing.

I believe, should this ever come to a law case, that it is settled case law that
it would *have* to be ruled *against* the FSF if there was reasonable doubt.

As far as you and me are concerned, should we end up in court, there are THREE
views as to what is the correct interpretation of the licence. Yours, mine, and
the FSF's.

But in this case, there are only two. The FSF and Canonical. And case law says
"if you wrote the terms, then the other guy gets the benefit of the
doubt".

Cheers,
Wol

[ Reply to This | Parent | # ]

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