Any GPL3 stuff in there?

Story: Microsoft is profiting from LinuxTotal Replies: 19
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tracyanne

Aug 21, 2008
1:30 AM EDT
nt
Sander_Marechal

Aug 21, 2008
3:14 AM EDT
Probably. You can bet that FSF has relicensed all of GNU under GPLv3 when that license came out. I dout very much that Novell is building the next Suse with an old GNU userland.
tracyanne

Aug 21, 2008
4:23 AM EDT
Actually Novell specifically stated that thye would include GLP3 software as it became available. So I'm quite sure they aren't using pre GPL3 libraries and software.
dinotrac

Aug 21, 2008
9:51 AM EDT
The GPL would not prevent Microsoft from acting as a Linux reseller.
Sander_Marechal

Aug 21, 2008
10:29 AM EDT
No, but it means that any alleged Microsoft IP in those GPLv3 apps is out in the open and Free. See the patent clauses in GPLv3.
Libervis

Aug 21, 2008
3:08 PM EDT
So.. with GPLv3 in there and and the biggest software company in the world actively selling Linux... how much better can it get? As a good friend told me Freedomware has actually won the war, we just aren't aware of it yet and are too used to fighting. :P

OK, there's also the desktop market, but that's more about expansion than winning. Free Software isn't just allowed to exist so that those who want more control over their computers can have it. It is expanding beyond that.

Though I wouldn't say things like mono aren't an issue, at the very least because it's totally bloated an unnecessary, but that's a whole other war. The war for survival is won. Linux and Freedomware in general can't and AREN'T being ignored.

Right?
azerthoth

Aug 21, 2008
3:35 PM EDT
>>> As a good friend told me Freedomware has actually won the war, we just aren't aware of it yet and are too used to fighting.

I can't agree with won, however the sentiment is closer to the truth than not.
dinotrac

Aug 21, 2008
4:10 PM EDT
Sander -

Not in the US, it doesn't --- not if Microsoft is merely acting as a reseller. They would be in the same position as, say, BestBuy if BestBuy sold Linux and discovered that some app developer had stolen some of their code or infringed one of their patents.
NoDough

Aug 21, 2008
4:24 PM EDT
Yes, but BestBuy would then stop selling it. What if BestBuy "discovered" Linux infringing its patents first, then started selling it after the discovery?
dinotrac

Aug 21, 2008
6:48 PM EDT
NoDough -

Shouldn't make no nevermind. What makes you think that that such knowledge -- or, to be legally correct, belief -- would make a difference?
NoDough

Aug 21, 2008
7:55 PM EDT
Unclean hands.
dinotrac

Aug 21, 2008
7:58 PM EDT
Unclean hands?

No.
NoDough

Aug 21, 2008
8:01 PM EDT
Why not? After all, the plaintiff would be profiting from the same infringements as the defendant.
dinotrac

Aug 21, 2008
10:15 PM EDT
NoDough --

Because the plaintiff has every right to profit from it's IP. There is nothing unclean about it.
azerthoth

Aug 22, 2008
3:19 AM EDT
The question would be, for the courts, does a reseller qualify as a distributor in regards to the restrictions of the GPL. We can have all the opinions that we want on the topic, from lay people and from people educated and familiar with the legal system(s). In the end it remains to what the lawyers can convince a judge and jury is reality, not common sense, but which side can argue it's version of reality best.

Even that is not as simple as it sounds, think about it for a second, several multi-nationals arguing an international copyright license. True that of the atleast three sides the lions share will be U.S. based but that would not stop the case from being initiated in almost any country that has dealings with all, say the U.K. or Germany. Even in the U.S. which courts would be friendliest to which side?
rijelkentaurus

Aug 22, 2008
5:58 AM EDT
Does it make a difference that Microsoft is not only allowing but actively participating in selling "their IP" as GPL2/3? I mean, do they lose standing by letting it happen?
Sander_Marechal

Aug 22, 2008
7:21 AM EDT
Only a judge can tell you that with any kind of certainty rijelkentaurus.
dinotrac

Aug 22, 2008
2:23 PM EDT
rijel -

In the US, it makes no difference.

Sander -

Sounds like the Netherlands has a vastly different legal system from the US.

In the US, judges are mainly referees.
Sander_Marechal

Aug 22, 2008
7:17 PM EDT
@dino: I did mean the US actually. Let me expand: Only a judge can tell that by ruling in a case that in which a party argues what rijelkentaurus is asking about.
dinotrac

Aug 23, 2008
8:47 AM EDT
Sander -

That's not true for most things. First, a lot of law really is pretty well settled. Second, in many cases, it's not even a judge making the decision, it's a jury.

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