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For an "IP" lawyer, this guy is completely clueless

For an "IP" lawyer, this guy is completely clueless

Posted Dec 4, 2003 8:11 UTC (Thu) by man_ls (subscriber, #15091)
Parent article: "'Viral' Open-Source License Can Destroy Software's Value"

This "senior intellectual property lawyer" (is he an expert on copyright, patents, trade secrets and everything at the same time? don't they have specialists in their firm?) needs to get a clue.

Removing the GPL code the company had adopted and ceasing its re-publication does not put the horse back in the barn; that is, it does not retract the prior distribution under the GPL.
The nature of software is different from that: if you don't distribute source code for your program, there is no way that people will be able to redistribute any modifications. Binary distributions cannot be copylefted, unless an explicit GPL license accompanies the software. So, there is no horse out of the barn.


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