Messages in this thread | | | From | Bill Davidsen <> | Subject | Re: Possible GPL Violation of Linux in Amstrad's E3 Videophone | Date | Mon, 04 Oct 2004 14:03:16 -0400 |
| |
jmerkey@comcast.net wrote: > Who cares about GPL violations in Linux . What can anyone do about it anyway. The FSF > isn't going to sue anyone unless someone give them the money to do it. Most of this > banter and name calling people do about it is a waste of time. What punishment will > anyone get for it. A few people writing mean emails and finder pointing -- Yeah -- > this will really stop someone from doing it. If you give your code away GPL, or not > you have just done just that. Tigrian is correct in his statements. > > Even if you review it and make a fuss it does nothing to stop people. The GPL is flawed > since it does not require people to go back to the copyright holders and demand a license > for commerical use. This is the only way you will ever stop these people. So instead > of being whinny babies about it, fix the GPL and add this language. Then anyone > who uses the code in a commerical enterprise will be required to get a license, and you > can actually do something about it. > > Oops. Too late. Linux has a huge trail of everyone's code under the GPL so you cannot > re-release the code under another license unless the entire code base is re-written. So > anyone can fork it at any point and claim, "we never accepted the license even though > we download and use the code. Guess what, this is legally valid to say and totally > circumvents the GPL, they just have to leave your copyright notices in place.
This subject line seems to have attracted a bunch of odd legal misinformation, which as noted has been refuted by the courts. However, I do note that Microsoft is using the work Linux in their ads, and not putting on the trademark symbol. It is probably good for someone to look at that, because a trademark can be lost if it is not defended (think Kleenex or Asprin). The ads just have a note in tiny print saying something 'some of these words may be trademarks of their owners.' I believe if the owner notifies them they have to add the MT or (R) symbol and state the name of the holder.
Clearly I'm not a lawyer, but since there was a TV show about "lost trademarks" I'm pretty damn sure it can happen.
The GPL is alive and well at the moment, I hope the trademark is as well.
-- -bill davidsen (davidsen@tmr.com) "The secret to procrastination is to put things off until the last possible moment - but no longer" -me - 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/
| |