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SubjectRe: Reiserfs licencing - possible GPL conflict?
"Jeff V. Merkey" wrote:

> My attorneys have reviewed this license and they tell me that this means
> that the ReiserFS is ***NOT*** open sourced. Using it with this
> restriction makes any commercial vendors who want to ship it liable for
> damages claims, since the act of shipping it means they will integrate
> it with an OS. We thought of doing something similiar with NWFS, but
> our attorneys, after spending several weeks examining the GPL and
> reviewing case law for open source IP, advised us is that we either
> could "give it all away" or restrict it, but that if we placed any
> restrictions on it, it wasn't open sourced. If you place any use
> restrictions, then you are in essence not releasing as "open" source.
> As such, we opted for the full GPL with no restrictions, since they
> defeat the whole purpose under current US law. I know lots of folks
> want to maintain some control (which is not a bad thing if you are
> trying to turn a profit), but they should understand that a GPL+ license
> scheme defeats the whole point and makes the stuff less attractive .....

Jeff, cut the bullshit. This isn't the first time you've fudded
something on the list. Your lies are NOT appricated. (i.e. do a archive
search for your name and GPL).

Legally there is NO such thing as 'open source'. There is the OSD, which
this should be completely okay with.

I'd like to know the name of your attorneys as I can't believe that a
real attorney would make such a bold statement on just a few hours
consideration. Perhaps you should be looking for a new attorney?

Furthermore, if you actually bother to read the poor english license of
the code, it's aparent that the language is intended to limit use but
distribution, as the GPL already does. It looks like all he is trying to
do is preventing someone like Netware (or netapp!) from just taking his

I agree that Hans should clear it up. I'm sure he will real soon.

Perhaps you are just afraid that new developments like ReiserFS are
making your efforts on the near dead NWFS increasingly pointless?

I wonder why your wonderful attorneys forgot to warn you that you can
get in trouble for making false comments about a compeating product, and
advise you to keep your mouth shut?


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