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List:       kde-devel
Subject:    Re: Major licensing issue alarm...
From:       Andreas Pour <pour () mieterra ! com>
Date:       2000-07-06 1:51:33
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dep wrote:

> On Wed, 05 Jul 2000, Bill Soudan wrote:
>
> | 'Elsewhere, Alan also remarked, "Actually folks get sued for not
> | following copyrights. I've been talking to someone recently who
> | plans to solve the KDE gpl/nongpl issue by issuing cease and desist
> | orders to KDE. Vendors also take it seriously. Some of them
> | anyway"'
>
> ac is very impressive to kernel.org, but as a lawyer he makes a very
> good coder. 1.) people don't just up and issue cease and desist
> orders anymore than they issue search warrants. they need a judge to
> do that.

Perhaps you are being hypertechnical here.  Presumably the person would send a
cease-and-desist letter . . . .

> and under existing law, there is no judge in the whole wide
> world who would issue such an order.

I see that, in addition to having intimate knowledge of others' orifices, you have
intimate knowledge of the future behavior of all judges in the world.  Oh, to be you
. . . .

> in short, his legal opinions are
> apparently emitted by a different, lower, orifice than is his code.

And what emits yours?

> interestingly, the widely held view in the u.s. legal community is
> that any court of competent jurisdiction (and the gpl being a
> document issued here and claiming protection based on u.s. law, that
> means here) would find pre-emptively that glp=public domain,

This emission, whatever its source, is not fit for human comprehension.  "Widely held
view" -- is this a Harris poll, or something imagination?  I would think that the
u.s. legal community, in general, has never heard of the GPL, much less tried to
understand it.  Plus, I can pretty much say, that nary a competent lawyer would try
to predict the outcome of a case in "any court of competent jurisdiction", esp. in a
case of first impression.  But then, their orifices likely don't have the same
ability to predict the future behavior of all judges of the world.

> its
> protestations to the contrary, and that one cannot put conditions on
> public domain,

Another hair-bending emission, please use the private room next time.

> and that's that. there is some possibility of a test
> case before long, and it is likely to be bloody:
>
> http://www.linuxplanet.com/linuxplanet/reports/2000/1/
>
> | By none other than Alan Cox.  Now I've heard he's been somewhat
> | biased against KDE from the beginning, but this should raise some
> | concern all around...
>
> no, it shouldn't, because he doesn't know what he's talking about.

Hmmm, I do recall an old adage about a kettle and a pot . . .

Ciao,

Andreas

 
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