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hypothetical case vs. GPLv3hypothetical case vs. GPLv3Posted Apr 7, 2006 4:30 UTC (Fri) by stevenj (guest, #421)In reply to: Bruce Perens: State of Open Source by dlang Parent article: Bruce Perens: State of Open Source
As a common-sense matter, nothing you do independently as a third-party (short of announcing a patent that covers the work) can make Redhat suddenly be in violation of the GPL. And, indeed, the draft text of the GPLv3 seems to present no problems in your hypothetical case: Complete Corresponding Source Code also includes any encryption or authorization codes necessary to install and/or execute the source code of the work, perhaps modified by you, in the recommended or principal context of use, such that its functioning in all circumstances is identical to that of the work, except as altered by your modifications. Since use in your signed-only hardware, assuming you are entirely independent of Redhat, is hardly going to be the "recommended or principal context of use" as promoted by Redhat, they aren't going to be required to give you their keys. So, no one would be in violation, which isn't a problem since this isn't the sort of situation the GPLv3 is intended to prevent. On the other hand, if you are someone like Tivo and distribute modified GPLed software designed specifically to work with your hardware, then you can't lock up the keys required to run the software on your machine. It's a good thing the FSF has expert legal counsel to help them with the wording, right?
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Oh, my darling flamefest :-) Posted Apr 9, 2006 19:43 UTC (Sun) by hummassa (subscriber, #307) [Link] It just proves that a pay-only site can have trolls, too...Well, back to the point: "It's a good thing the FSF has expert legal counsel to help them with the wording, right?" If this is true, then why can't Eben Moglen strike the horrible wording "derivative works under copyright law, that is to say..." in section #0 ?? this is really horrid, and it's in the GPLv3 draft, also.
Oh, my darling flamefest :-) Posted Apr 10, 2006 0:32 UTC (Mon) by BrucePerens (subscriber, #2510) [Link] Can you please write up your concern? Copy it to bruce at perens.com and moglen at columbia.edu .Thanks Bruce
Oh, my darling flamefest :-) Posted Apr 10, 2006 6:18 UTC (Mon) by sepreece (subscriber, #19270) [Link] This particular issue (that the text of the current draft "explains" what "derivative work" means in a way that doesn't match the law very well) has been noted in a number of comments on the GPLv3 site, so I think Eben Moglen should be aware of it.
Oh, my darling flamefest :-) Posted Apr 10, 2006 6:26 UTC (Mon) by BrucePerens (subscriber, #2510) [Link] Oh, then if you are really concerned, you might want to ask what his plans are regarding that language.I went to his BOF in Boston last week, and met with him in NY on Friday. It was clear to me from both occassions that lots of text would change. Bruce
Oh, my darling flamefest :-) Posted May 16, 2006 15:29 UTC (Tue) by hummassa (subscriber, #307) [Link] Hello Bruce; I have sent the following e-mail to Eben Moglen, cc: you, andI'm registering it here, as well as commenting on the GPLv3 draft:
Hello Professor Moglen.
I am a Systems Developer in Minas Gerais' State Assembly, Brasil. Our
I have also had a two-year legal training, and a two-year experience as a
I am writing this, as suggested by Bruce Perens, to call to your attention
0. Definitions.
The ambiguous language I refer to is the complex sentence that begins in
I have entered some comments in the draft wiki, and my suggestions are
(1) eliminate the "that is to say ... unmodified" ([3] .. [5]) part
(2) substitute [3] .. [6] for: << a derivative work under copyright law,
I hope this issue is cleared in the new version of the GPL, because this
I thank you very much for all the great work you have done to further the
Humberto Massa
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