Re: Possible GPL Violation of Linux in Amstrad's E3 Videophone

From: Jon Masters
Date: Sat Oct 02 2004 - 05:30:35 EST


jmerkey@xxxxxxxxxxxxxxxxxxxxx wrote:

[ You snipped the original sender identification - the quote below forms part of a response from Theodore Ts'o. ]

You should have attended Harald Welte's "Enforcing the GPL" talk at
the Linux Kongress this year. There are plenty of worked examples
where Harald and the Netfilter kernel developers have successfully
taken commercial vendors to court and got them to either (a) release
their enhancements under the GPL, or (b) stop distributing the GPL'ed
code. It can and has been done in the real world, with multiple
vendors, and they haven't lost a case yet.

- Ted

If you can obtain discovery and catch people with a "smoking gun."
Very hard to do.

The smoking gun is very often obtained by dissassembling the device firmware or program binaries and/or runing string comparisons.

Inside some of these big companies with lots
of money, most folks won't come clean or spoilate evidence.

It's hard to spoil the evidence when all of your customers have it.

<snip more anti-Novell comments>

The simplest way is to add a clause to the GPL requiring people
to obtain a license from the copyright holders if code is ever used in a commerical venture. There's no wiggle room --
they will have to sign and ackowledge they accepted the GPL
and ackowledge their obligations from the copyright holder.

I don't know what the world is like where you are (I admit that if you're in the States you probably *are* more repressed than I am in the UK right now) but you seem to have some extreme paranoia which seems more than a little unfounded. The above is completely unnecessary - it does nothing that using the GPL already does not do - but you seem to have convinced yourself that the real problem here is the GPL.

Jon.

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