[clug] sec: unclassified - Samba Team, on SCO and sweet irony

Martin Pool mbp at sourcefrog.net
Mon Aug 25 22:29:47 EST 2003

On Mon 2003-08-25, Darren Freeman wrote:

> My own point is that they are arguing that the GPL is illegal. Thus
> they should be prepared to stop using software licensed under it. 

To be precise, Mark Heise is saying the GPL contradicts the copyright
law.  SCO is distributing software.  Heise != SCO.

> Since the
> GPL allows you to decline to accept it, under the condition that you
> are unauthorised to distribute the licensed works, then SCO should be
> taken as not accepting it since they publicly state its illegality.

Hypocrisy is not illegal.

Suppose, contrariwise, Joe Hacker argues publicly that the Windows EULA
is illegal.  Joe also buys a new PC, clicks through the Windows licence
screen, and uses Windows.  I think a court would find that Joe did in
fact accept the licence.

> Thus they then break international copyright law for still
> distributing the works.

Right, *if* they did not accept the licence then they are infringing.
If they did accept the licence then Heise's argument is rebutted.

Since Heise's argument would never even be offered in court this is just
about press anyhow.


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