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AndreE, your reading comprehension is your problem, not mine

AndreE, your reading comprehension is your problem, not mine

Posted May 23, 2011 17:00 UTC (Mon) by pboddie (guest, #50784)
In reply to: AndreE, your reading comprehension is your problem, not mine by FlorianMueller
Parent article: Kuhn: Clarification on Android, its (Lack of) Copyleft-ness, and GPL Enforcement

I understood the "fake" quote to be paraphrasing what you wrote, which was the following:

I still don't see that there's certainty that judges will interpret the GPL the way Brad Kuhn, Linus Torvalds and other people with all their agendas and their interest in playing favorites with some companies would like them to.

That is, the usual finger-wagging "wait till a judge takes a look at it" style of response. Note that I'm not directly quoting you here but merely characterising a sentiment that is frequently expressed.

As always, I find it helpful to think of the GPL as a big "view source" button: if a program is licensed under the GPL, you should be able to invoke that option even if it isn't actually achieved by pressing an actual on-screen button. How deep the viewable source goes depends on limitations of what people (yes, judges and legislators included) regard as reasonable, but you can't blame the people who write these licences from telling people what they had in mind.

People keep telling us that a common understanding of the intent of a licence does matter when a judge has to decide on a case. You're suggesting that some of the people who contribute to this common understanding are actually holding back in favour of various corporate interests, are you not?


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AndreE, your reading comprehension is your problem, not mine

Posted May 23, 2011 17:05 UTC (Mon) by FlorianMueller (guest, #32048) [Link] (3 responses)

Common business practice is also a relatively weak factor (as is persuasive authority). A judge may come down on that side -- or may not.

I'm not saying that holding back is a matter of what some large corporations might want them to do. At least I don't see any particular indication for that theory. However, the current state of affairs in the interest of entities like the FSF and the SFLC.

AndreE, your reading comprehension is your problem, not mine

Posted May 23, 2011 22:04 UTC (Mon) by pboddie (guest, #50784) [Link] (2 responses)

So what do you mean by "their interest in playing favorites with some companies"?

AndreE, your reading comprehension is your problem, not mine

Posted May 23, 2011 22:06 UTC (Mon) by FlorianMueller (guest, #32048) [Link] (1 responses)

That didn't relate to their hesistance to have the GPL clarified by courts but to their inclination to issue statements like "I'm not 100% sure, and I don't know the details, but everything's fine" in connection with what companies like Google and Red Hat do.

AndreE, your reading comprehension is your problem, not mine

Posted May 24, 2011 11:22 UTC (Tue) by pboddie (guest, #50784) [Link]

And have there been cases where other parties have done practically the same thing and those people have condemned it?


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