Posted on 06/03/2008 12:15:33 PM PDT by antiRepublicrat
Two recent events should give for-profit companies new reasons to re-evaluate the ways in which they use open source software as well as the extent to which they use it. These events are: (1) the release of a new version of the widely used license that covers such software, i.e., the General Public License version 3, and (2) a round of lawsuits filed by the Software Freedom Law Center against for-profit companies using the software for commercial gain. Four companies to date, the largest of which is Verizon Communications Inc., have been sued for violation of the GPL.
Although the lawsuits are not about changed provisions in the GPL, both events are muscle-flexing by the free software community and, taken together, may foreshadow new risks in the irreconcilable conflict between open source software and its widespread use by for-profit companies. With the filing of court documents, a philosophical debate about the proper place for software in society has become a business dispute with the risk of substantial consequences. For-profit companies using open source software should take notice and understand the risks.
(Excerpt) Read more at law.com ...
How many levels?
So if a 5th generation improvement by an unrelated to the first generation programer has this trojan horse code, that is supposed to give them a right?
This reminds of the of the old law school example of the erroneous carpenter. The example goes that a carpenter makes a mistake and starts putting a new roof on the wrong house. The home owner seeing the carpenter putting a new roof on his house sits back and says, “hmm free roof”. The home things he is immune because it is not his mistake.
Unfortunatly the law does not permit such unjust enrichment. The erstwhile programmer seems to be designing the program with “gotcha” in mind rather than compensation.
if you another analogy, this harkens to the old adhesion contracts where there is no benefit of the bargain.
Your example MIGHT work in a one generation program, but it would be impossible to justify it multiple generations in and cross corporations.
Additionally, what about corporations that have gone belly up? The programmer is just another unsecured creditor and the subsequent buyers have the rights free of all liens.
I don’t believe the Chinese should get any source code from the US, you’re obviously the open source fanatic not me.
I don’t believe the Chinese should get any source code from the US, you’re obviously the open source fanatic not me.
No...
with the judge saying he had failed to provide proof of injury.
Failing to provide proof of injury isn't procedural.
And regardless of the sniping you do, the fact of the matter is that a US court upheld the GPL. Full stop.
Your spinning can't change that.
Erroneous on it's face. There is no trojan horse. When you use GPL code, you use the license that is given at that time. No changes down the road put any further requirements on you to use the code that you got originally.
If you go get more code under a newer license then you are bound by that license. But the original code will always be under the original license.
And yet your master did just that. Microsoft gave the Chinese their source code while simultaneously denying it to American businesses, thus putting American companies at a disadvantage.
So apparently some "open source" is okay with you as long as it only benefits the right people.
Or have you stopped buying Microsoft?
The court dismissed the case because Wallace didn’t have a lawyer and didn’t meet the formal pre-reqs in his filings. You can jump up and down to celebrate that the case was dismissed on these grounds but it was hardly a legitimate test of the license.
I already said I don’t support free software for China like you open source fanatics, free software for the world is your bedrock principle and I strongly disagree with it. What is your reason for so strongly supporting free software for China, Iran, North Korea, etc? You trust them to never use it against us, you feel it’s only fair, or you believe potential enemies will share equally with us? All of the above probably LOL.
I already said I don’t support free software for China like you open source fanatics, free software for the world is your bedrock principle and I strongly disagree with it. What is your reason for so strongly supporting free software for China, Iran, North Korea, etc? You trust them to never use it against us, you feel it’s only fair, or you believe potential enemies will share equally with us? All of the above probably LOL.
That's not what the judge said at all no matter what you would like to believe.
The judge kept sending Wallace back to allow him to fix his procedural mistakes. The case was ruled against Wallace not on procedural grounds but because the evidence alleged in his suit were not sufficient to prove a problem with the GPL.
Unless Microsoft does it. Which they did.
What is your reason for so strongly supporting free software for China, Iran, North Korea, etc?
I don't. I support the availability of source code to all who want it. I believe that given a level playing field that US companies can compete with and beat any foreign company. Open Source allows that level playing field.
Microsoft would rather have Communist Chinese companies have an advantage on US businesses.
We have seen which side you favor, unless you want to change your tune.
I'll ask you one last time, will you denounce and boycott Microsoft for giving their source code to the Chinese Communists or not?
Microsoft doesn’t give free software to the world as their products aren’t open source. But you strongly support open source, and free software for the world, including when China renames “Red Hat” to “Red Flag” for free. Why is that? Yes letting them freely copy and rename all our products for free would be a level playing field, but how could we ever get ahead since they would just keep copying and renaming everything we do for free? This is your vision for the future of the US, the Chinese legally copying and reselling everything we develop for free? LOL are you serious? Unfortunately yes, you are. But why?
Except to the Chinese Communists.
But you strongly support open source, and free software for the world, including when China renames “Red Hat” to “Red Flag” for free. Why is that?
Because that lets everyone compete equally, without having to wonder whether some Chinese Communist-run company has access to secrets that US businesses don't have.
This is your vision for the future of the US, the Chinese legally copying and reselling everything we develop for free? LOL are you serious? Unfortunately yes, you are. But why?
Because a level playing field is to the advantage of US business.
Because having the Chinese Communists having access to the source code of the OS we use while we don't is unfair.
Because I want businesses in the US to succeed, not just one company at the expense of all the others.
I'll keep asking until you answer...
Will you denounce and boycott Microsoft for giving their source code to the Chinese Communists or not?
Microsoft sells its software, its not freely given to anyone in the world like the open source products you support. The Chinese pay them billions every year, yet the Chinese and any rogue nation on earth can take your open source products completely for free. So why do you so strongly support free software for the world, “a level playing field” as you called it where they are allowed to freely and legally copy everything we do? You want us all equal right? You want it “fair”, and if one has something he should share with everyone, including their enemies right? Why else would you want to allow them to freely and legally copy everything we do? Microsoft doesn’t allow this, China has to pay for it, and rogue nations like Iran can’t legally access it at all like they can your products.
Yup, and don’t forget to avoid those free samples at the grocery store. Could lead to trouble later.
Yes, I dennounce Microsoft for allowing to review their source code as a part of the sale. But why won't you denounce your beloved open source products, since not only the Chinese but Iran and North Korea can not only review their code, they allow them to copy it, rename it, and even resell it, all for free? Because you want them to always have these right to all of our products is what I'm hearing. So the Chinese are on a level playing field, and we have no advantages over them, ever again. Only fair, right?
So, it's okay to sell out your country as long as its for a lot of money?
Got it.
So why do you so strongly support free software for the world, “a level playing field” as you called it where they are allowed to freely and legally copy everything we do? You want us all equal right? You want it “fair”, and if one has something he should share with everyone, including their enemies right? Why else would you want to allow them to freely and legally copy everything we do?
Because with Open Source, I get access to the very same software that the Communist Chinese get. So does IBM, and Chrysler, and CitiBank and Bob's Bar-B-Que.
All of us, all of the businesses in the US get the same software that the Communist Chinese get. Unlike with Microsoft where ONLY the Communist Chinese get it.
Microsoft doesn’t allow this, China has to pay for it, and rogue nations like Iran can’t legally access it at all like they can your products.
Oh, I see. What guarantee do we get that China won't give Microsoft's source code to rogue nations? Because Microsoft said so?
If you believe that, I've got a bridge to sell you.
Again...
Will you denounce and boycott Microsoft for giving their source code to the Chinese Communists or not?
Nope. No weaseling.
Will you denounce and boycott Microsoft for giving their source code to the Chinese Communists or not?
Denounce them for giving their source code to the Chinese Communists.
AND
Boycott them until they stop favoring the Chinese Communists over American businesses.
Yes or no?
hey- if you WANT TO build and give away free software, feel free! God Bless you if you do!
I will gladly accept it and I DO use open source stuff..
I just object to these people trying to force everyone ELSE to give away software for free.
AND then wanting to get the GOVERNTMENT to tax everyone to pay for software
DO you want those things?
Why should I not only denounce but boycott microsoft for letting the chinese review the source as part of the sale, when you refuse to even denounce open source who allows not only China but every rogue nation on earth to not only review but copy rename and resell their code, all completely for free. Your hypocrisy is amazing, but I guess it’s the only way you think you can attempt to justify your position of giving a permanent level playing field to countries like Iran, Syria and North Korea.
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