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Copy only if you agree to be held by the terms of the agreement | 367 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Copy only if you agree to be held by the terms of the agreement
Authored by: Anonymous on Wednesday, March 20 2013 @ 01:48 PM EDT
Why did IBM brought the state law regarding the GPL counterclaim then?

IBM: "the Court need not reach the choice of law issue because Utah law and
New York law are in accord on the issues that must be reached to address SCO's
sole argument on this motion, namely, that SCO did not breach the GPL.
Throughout this brief, IBM cites to both Utah law and New York law."

[ Reply to This | Parent | # ]

I wonder - an attempt at subversion perhaps?
Authored by: Anonymous on Wednesday, March 20 2013 @ 03:46 PM EDT

I had a thought while out for lunch. I wonder if this is an attempt by Corporations to get the thinking of those of us who apply the GPL to change.

One of the biggest problems Corporations have with most of us in FLOSS (my opinion of course) is that we don't accept money as an influence to give them the license terms they want. We stick to our guns on requiring either:

    Don't copy/distribute/modify my work
or
    Comply with the terms and release the source
There are exceptions to the above - but most of us won't budge.

If some of us bought into the current line of reasoning and didn't think we could bring a Copyright Claim* - while having to resort to a breach of contract claim instead.... that could end up causing some to be convinced they have no choice but to accept money - and

    "might as well give the Corporation the license terms they want while you're at it because the GPL just doesn't have any teeth! We'll just keep paying you money and do what we want anyways!"
The alternative is that this line of reasoning is actually believed by the Corporations. Much like the "GPL is invalid" thought. If this is the case, sooner or later some Corporation will bring it in front of a Judge and get a very clear:
    Let's say I believe in your theory.... I sure hope you have another license or you have admitted to breaching Copyright Law!
* That's quite the laugh... "it's either or... if it's a breach of contract, Copyright Law simply does not apply"!

RAS

[ Reply to This | Parent | # ]

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