[Samba] [OT] Fyodor terminates SCO nmap rights -- how about Samba?
cmarcus at media-brokers.com
Sat Feb 28 18:50:16 GMT 2004
>> Actually, didn't SCO make the arguement that any GPL'd software should
>> actually be declared "public domain"? If that's so, doesn't allowing them
>> to continue using the software under the GPL put the copyright at risk?
> In their site they write (these are not THEIR words !):
> "Congress shall have Power [t]o promote the Progress of Science and
> useful Arts, by securing for limited Times to Authors and Inventors the
> exclusive Right to their respective Writings and Discoveries."
> Thi later cite a sentence that want to show they are right. The sentence
> is about extension of terms, that is how much "limited time" is excluseve
> right !
> The only things that GPL license differ than a "normal" copyrighted work
> are: 1. the license does not "expire" 2. The license force you to license
> derived works with the same license.
> There are the points that SCO try use to show it is illegal.
> 1. : Yes, they are right on this point, but -apart that this would
> apply to any of the computer licenses- this would only have the effect to
> set a limit on the time it would apply, and since they see "right" to
> increase the spanm of tiome this would not be a problem now, and for may
> years to come [incidentally: each update of programs would shift further
> later expiring !]. The fact that whitin a certain time it would become PD,
> as many patents, should not worry much.
Many people have a hard time understanding American Constitutional issues...
The delegation of authority to Congress:
"...[t]o promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries."
is NOT an exclusive one. In other words, it does NOT preclude any
PRIVATE association from creating their OWN system for protecting the
works of authors via contract, which is all the GPL is. It is valid, and
any judge with half a brain working at 50% efficiency can see this plain
as day - the problem will be finding a judge of this caliber who has
ever read the Constitution and studies it's application.
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