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Section 12 of GPL is also relevant

Section 12 of GPL is also relevant

Posted Jul 25, 2003 14:07 UTC (Fri) by southey (subscriber, #9466)
Parent article: SCO's claims have absolutely no credibility (ZDNet)

Very nice to see the arguments relative to Linux laid out in a concise way. But the author misses section 12 of the GPL about no warranty and that makes anyone not liable for damages (which are essentially undefined).


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Section 12 of GPL is also relevant

Posted Jul 25, 2003 18:30 UTC (Fri) by stevenj (subscriber, #421) [Link]

That's not relevant here; no license term can exempt you from copyright law, sorry.

Section 12 means that end-users cannot sue the developers/distributors for flaws in the software. It doesn't exempt either the users or the developers/distributors from being prosecuted by a third party for violating the law.

Section 12 of GPL is also relevant

Posted Jul 29, 2003 14:19 UTC (Tue) by chohman (guest, #5519) [Link]

Stevenj's observation on section 12 seems correct to me; however, I am unsure that that matters.

If I am a Linux USER, and SCO wants to sue me:
a) they have no trade secrets here - they published the code
b) they have no license with me, so I suspect I can't violate it
c) in the words of Eben Moglen, who I assume understands copyright law at least a little better than the layman, I can not be sued for USING a copyrighted work.

Perhaps you can suggest some legal theory under which they may be able to sue me, but I haven't seen anyone propose one yet.

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