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Cisco Settles, But Where From Here?

Posted by Scott_Ruecker on · 12 comments
Linux Journal; By Justin Ryan
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Until September 20, 2007, nobody had ever sued anybody for violating the General Public License (GPL) — not a single company, project, or individual developer in the license's then-eighteen year existence. This momentous first, settled in a mere month, was only the beginning — the beginning of a landslide of litigation large enough to make Apple's lawyers cry.

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Comments (12)

What a piece of insidious FUD. I don't have a very high opinion of LJ to begin with (some authors are great, some aree just MS shills it seems) but this really sets a new low.
The moral of the story is don't defend the GPL, you might lose.
Linux Journal has hit so many lows it's hard to tell if this is really a new bottom. I'm still not sure they've topped this: http://www.oreillynet.com/linux/blog/2007/10/linux_journals_...
Yeah, that was pretty low as well.
They keep pestering me with their "special discount for former LJ subscribers". I'm nearly ready to start marking their stuff as spam.
gus: They finally gave up on me :) It's been about two and a half years since I dropped the subscription. I have no intention of resubscribing unless there are major editorial changes.
The article's author has no faith in the GPL, or too much love for the FSF. Probably the former.

I would love to see a court test of the GPL because I believe it to be a good strong license and because I believe that court tests would trim it back here and there, making clear where the boundaries actually lie.

Frankly, I think a court test would make it easier to incorporate GPL'd code into non-GPL'd binaries, and I think that would be a good thing.
Ye gods, what an awful article.

Dino, the GPL has seen the inside of courtrooms in Germany, and won. I think if it ever goes to a US court test it will be over the derived works bit, since that still seems to be a point of confusion. Otherwise it seems to have Magic Clarity Powers to the point that so far, nobody in the US has been foolish enough to challenge it.
TC -

It's not a matter of winning or losing so much as defining the boundaries. FSF tends to overreach, as do people who want to stretch the envelope.

And yes -- we are talking about derived works -- more or less

The GPL's problem with derived works comes down to distribution because the GPL allows users to create derived works with non-GPL'd code, but not to distribute them. By the same token, non-GPL'd code that can incorporate GPL'd code but is distributed without it is not a derived work, so...well, you get the idea.

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