On Novell and Microsoft [LWN.net]

On Novell and Microsoft

Posted Nov 9, 2006 19:33 UTC (Thu) by Fats (subscriber, #14882)
In reply to: On Novell and Microsoft by BrucePerens
Parent article: On Novell and Microsoft

I think that if FSF wished to, it could enjoin Novell from distributing GNU LIBC under the covenants it has entered into. Perhaps Red Hat would like to fund that suit

I disagree, I think they can only stop Novell from distributing GLIBC under a GPL license if there is really a problem in the code. And if they can stop Novell from distributing it they also have to stop distributing it because they can't guarantee anymore everyone the right to distribute it under the GPL. A catch 22.

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On Novell and Microsoft

Posted Nov 10, 2006 0:27 UTC (Fri) by BrucePerens (subscriber, #2510) [Link]

Well, by a problem you mean a patent infringement. Their best approach would be to find a granted patent that reads on code that is in LIBC but that we can do without, and for which the Laches defense applies, and then bring suit upon Novell demanding that everyone must get the same treatement as a Novell customer - or Novell must stop distributing.

This is all assuming that we can convince a judge that the agreement between Novell and Microsoft - not the covenants that result from that agreement - is tantamount to a license.

Bruce