Thanks for the note. Is not the important distinction between disputes over
proprietary software licences and open source licences that in the case of
open source software it is difficult to prove financial loss? If a
proprietary software company successfully proves infringement then it can
ask the courts for damages for all the potential loss of sales/revenue
occurring as a result of that infringement, plus any other associated
damages. If, however, an open source software company has its licence
violated it is more difficult to show financial loss, so legal action is
less likely. After all, why go to the expense of a court action if there is
little likelihood of financial gain, or of at least being able to
financially punish the person who violated your licence, plus risk paying
for lawyers and then not even succeed in your action? The MySQL case is
different for that very reason -- it can claim financial loss on its
Phone: + 44 (0)191-386-0072
E-mail: rich_p at dial.pipex.com
At 13:42 22/03/2002 +0000, kevin lyda wrote:
>do you realise that the gpl has never gone to court? there is currently
>one case that might make it to court between two companies that sell
>versions of mysql, but that's it. every other instance of gpl violations
>has been settled, and usually quite amicably.
>>now, compare this with numerous proprietary licenses. the business
>software alliance (the bsa) has handed out millions of dollars in fines to
>businesses that don't correctly follow closed source licenses. at&t sued
>the bsd crowd for including closed source code in their bsd licensed code.
>the company that did the initial drive compression s/w for ms ended up
>suing ms for taking their code (both sides were closed source code).
>>there's one thread in common with free software developers (bsd, gpl
>and others), closed software developers, prose authors, and musicians:
>they all want the copyright that their creative work is released under
>to be respected.
>>you chose to write an article hilighting *one* of those groups doing that.
>now, compare and contrast how gpl violations are handled, with how the
>bsa or the riaa is dealing with violations of their licenses. how many
>fines have been demanded due to gpl violations, how many for the other?
>how many companies have been effectively put out of business due to
>violations of the gpl? of closed software licenses? of riaa enforcement?
>kevin at suberic.net buffy: come on, can't you put your foot down?!
>fork()'ed on 37058400 giles: it *is* down.
>meatspace place: orbit buffy: one of these days you're going to have to
>http://suberic.net/~kevin get a grown up car. --inca mummy girl
Maintained by the ILUG website team. The aim of Linux.ie is to
support and help commercial and private users of Linux in Ireland. You can
display ILUG news in your own webpages, read backend
information to find out how. Networking services kindly provided by HEAnet, server kindly donated by
Dell. Linux is a trademark of Linus Torvalds,
used with permission. No penguins were harmed in the production or maintenance
of this highly praised website. Looking for the
Indian Linux Users' Group? Try here. If you've read all this and aren't a lawyer: you should be!