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

Jesse Pollard
2004-10-01T18:36:42Z

On Friday 01 October 2004 12:40, 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.
>
> :-)
>
> Jeff

Anybody that has code in the kernel under GPL is CAN start a lawsuit for
compliance. But that doesn't mean they HAVE to do so.

But if they don't know it may be happening, how could they decide?

So "make a fuss". If someone DOES decide to go after them.. fine.