GPL enforcement: waiting for the Monsoon
Posted Sep 28, 2007 0:33 UTC (Fri) by rickmoen
In reply to: GPL enforcement: waiting for the Monsoon
Parent article: GPL enforcement: waiting for the Monsoon
There is plenty of room for dispute over what the conditions of the GPL are. What degree of linking to closed-source software is allowed before the conditions cease to be met?
You're advised not to hold your breath waiting for SFLC to change either the USA's or any other country's copyright law to render relevant criteria like "derivative work" and "non-literal copying" intuitively easy for software engineers to understand and apply to their coding regimes. Said concepts (as implemented in USA jurisdictions, at least) are not actually very difficult as legal distinctions go, but it's advisable to read a couple of the leading court decisions, plus remove prevailing nonsense on that subject about "linking" from your mind, if present.
Or, if you'd rather not study copyright court decisions, you can just avoid using substantial numbers of copyright-eligible (expressive, creative) elements of other people's works in yours, and thereby avoid encumbrance by the licensing terms (if any) of those other people's works. (When in doubt, don't.)
While the logic is sound, I don't think it helps at all to eliminate court challenges. The dispute would be: what is this "GPL" that was accepted?
Judges can read. So can you. ;-)
to post comments)