In-kernel driver or FUSE based?

Posted Aug 28, 2009 22:21 UTC (Fri) by Wol (subscriber, #4433)
In reply to: In-kernel driver or FUSE based? by BrucePerens
Parent article: Tuxera signs up with Microsoft

I would also *feel* that if an API is declared "GPL only" by its author, then a Judge would be inclined, at least, to bow to the *clearly* *expressed* wishes of the author.

It's one thing giving a deriver the benefit of the doubt where the law is unclear and the original author's wishes are unclear. It's a whole different kettle of fish where the original author has made their wishes abundantly clear - if the law isn't clear then benefit of the doubt should go to the author. I know it's not really a legal principle, but I do feel that if someone goes asking for trouble they have no grounds for complaint when they get it!

Cheers,
Wol

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In-kernel driver or FUSE based?

Posted Aug 28, 2009 22:28 UTC (Fri) by BrucePerens (guest, #2510) [Link]

I would also *feel* that if an API is declared "GPL only" by its author, then a Judge would be inclined, at least, to bow to the *clearly* *expressed* wishes of the author.

That is definitely the ethical thing to do where Free Software is involved. The developer gets no "consideration" (that means money or some other valuable) except for compliance with his license, and if you can't comply you shouldn't use his code.

But I just re-read Walker's opinion in CAI v. Altai, and he doesn't mention the author's intentions at all in his long and detailed description of how to determine if a work is infringing. He goes entirely by copyright law.

So, it doesn't seem to me the judge is going to agree with us.