Re: Possible GPL Violation of Linux in Amstrad's E3 Videophone

Bill Davidsen
2004-10-04T18:02:01Z

jmerkey@comcast.net wrote:
> Who cares about GPL violations in Linux . What can anyone do about it anyway. The FSF
> isn't going to sue anyone unless someone give them the money to do it. Most of this
> banter and name calling people do about it is a waste of time. What punishment will
> anyone get for it. A few people writing mean emails and finder pointing -- Yeah --
> this will really stop someone from doing it. If you give your code away GPL, or not
> you have just done just that. Tigrian is correct in his statements.
>
> Even if you review it and make a fuss it does nothing to stop people. The GPL is flawed
> since it does not require people to go back to the copyright holders and demand a license
> for commerical use. This is the only way you will ever stop these people. So instead
> of being whinny babies about it, fix the GPL and add this language. Then anyone
> who uses the code in a commerical enterprise will be required to get a license, and you
> can actually do something about it.
>
> Oops. Too late. Linux has a huge trail of everyone's code under the GPL so you cannot
> re-release the code under another license unless the entire code base is re-written. So
> anyone can fork it at any point and claim, "we never accepted the license even though
> we download and use the code. Guess what, this is legally valid to say and totally
> circumvents the GPL, they just have to leave your copyright notices in place.

This subject line seems to have attracted a bunch of odd legal
misinformation, which as noted has been refuted by the courts. However,
I do note that Microsoft is using the work Linux in their ads, and not
putting on the trademark symbol. It is probably good for someone to look
at that, because a trademark can be lost if it is not defended (think
Kleenex or Asprin). The ads just have a note in tiny print saying
something 'some of these words may be trademarks of their owners.' I
believe if the owner notifies them they have to add the MT or (R) symbol
and state the name of the holder.

Clearly I'm not a lawyer, but since there was a TV show about "lost
trademarks" I'm pretty damn sure it can happen.

The GPL is alive and well at the moment, I hope the trademark is as well.

--
-bill davidsen (davidsen@tmr.com)
"The secret to procrastination is to put things off until the
last possible moment - but no longer" -me