LinkSys and binary modules

Posted Oct 14, 2003 19:29 UTC (Tue) by james (subscriber, #1325)
Parent article: LinkSys and binary modules

The only way to get a definitive answer on the location of the GPL boundary will be to go in front of a judge. Even then, the answer is unlikely to be useful beyond the specific case considered there.

And then, of course, that decision won't be binding outside that legal system.

Under the Berne Convention, most countries' copyright rules these days are similar, but they're not identical. It would be quite possible for the same code to be declared legal in an American court under US law, but illegal in a German court under German law.

One could take the viewpoint that this uncertainty is a good thing, especially with the FSF around. Companies generally don't like legal uncertainty and the possibility of lawsuits, at least if they can acheive the same ends by obviously legal means. Uncertainty about where the boundary lies is an incentive to keep well on the right side of it.

Of course, there are companies who just hope they won't get sued. And we're back to the FSF's "enforcer" brigade.

James.