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Android and the GPLv2 death penalty

Android and the GPLv2 death penalty

Posted Aug 16, 2011 6:24 UTC (Tue) by spaetz (subscriber, #32870)
Parent article: Android and the GPLv2 death penalty

Alledgedly the SLFC itself has argued that one would need to get the explicit consent from all copyright holders to get a new license. However, that seems unlikely to be true. (I am no lawyer)

1) Even if my license right is revoked, the "no-one may be excluded" GPL will always allow me to re-get the kernel code from anyone who offers it, and I'll have a new license.

2) As Corbet wrote, a new version might also be sufficient.

3) If Sony violates the GPL for its ebook readers and gets a gpl life time penalty, they just re-found themselves as a new legal entity to work around that ;).

Seriously, even for copyright trolls, I really don't see how this would play out in court. Contrary to the reports, the GPL does not say that you need explicit consent to heal your license violation, it is simply quiet about how the healing process would work. The most interesting part of the story is how all media outlets were eager to post this with an eye-catching headline, citing Florian Mueller. (First they had called him patent layer, then they called him patent expert, now at least they call him a patent-blogger).


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Android and the GPLv2 death penalty

Posted Aug 16, 2011 6:26 UTC (Tue) by spaetz (subscriber, #32870) [Link]

patent layer -> patent lawyer

Sorry

Android and the GPLv2 death penalty

Posted Aug 18, 2011 7:33 UTC (Thu) by etrusco (subscriber, #4227) [Link]

Now if you spelled "patent liar" it'd make for a spectacular typo.
Sorry, I know this not slashdot but I couldn't resist :-$

Android and the GPLv2 death penalty

Posted Aug 17, 2011 14:08 UTC (Wed) by mikov (subscriber, #33179) [Link]

I remember just a few weeks ago I was one of the people defending Florian Mueller. However after following his Google+ just for a few days it has become painfully obvious that his main purpose is to create anti-Android FUD, without any pretense of objectivity at all.

He is a very dangerous man because his posts and comments appear factual at first sight and apparently he is regarded as an "expert" by many tech journalists.

Android and the GPLv2 death penalty

Posted Aug 17, 2011 20:31 UTC (Wed) by rahvin (subscriber, #16953) [Link]

If you had been watching this campaign from the start he worked with Microsoft and a few other corporations trying to get stories into the news. Once he had contacts with the journalists his "articles/posts" became much more inflammatory and he began getting more and more citations. It appears from my perspective that the early articles were to get credibility with the press so that a more elaborate attack campaign could be bred using the contacts and history of citation. As time has moved he's moved from factual based discussions to wild accusations and speculation without a basis in fact at all.

IMO it's similar to corporations using established advocacy groups to petition for causes completely unrelated to their advocacy (for money). For example, several major national advocacy groups like the GLAAD (Gay Lesbian alliance) were paid advocates in support of ATT's purchase of T-Mobile. (in the case of GLAAD the membership revolted and fired the director for doing this).

Mueller is a plant who's being paid to create a campaign of FUD. He's been questioned numerous times about who is behind the campaign and if you read his responses carefully you will note that he never responds to the question. I'll at least give him credit for not lying about it, he just refuses to answer the question. But make no mistake, there is an organized campaign of FUD going on here and Mueller is at the front of it.

Personally I expect that his backers will walk away once the Google purchase of Motorola Mobility goes forward, with 17,500 patents and another 7,500 in process that are almost entirely mobile phone based Google will be the new heavyweight patent holder in the mobile sphere. Mueller will have to look for someone else to pay for his FUD.


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