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Date:      Fri, 25 Aug 2000 01:20:07 -0400
From:      "Thomas M. Sommers" <tms2@mail.ptd.net>
To:        Brett Glass <brett@lariat.org>
Cc:        Rahul Siddharthan <rsidd@physics.iisc.ernet.in>, freebsd-chat@FreeBSD.ORG
Subject:   Re: The GPL is really the PPL (Was: Sun's web site)
Message-ID:  <39A60207.4F8C6829@mail.ptd.net>
References:  <20000816221119.B7276@physics.iisc.ernet.in> <4.3.2.7.2.20000817232139.04cf0840@localhost> <4.3.2.7.2.20000818064620.00dbc670@localhost> <4.3.2.7.2.20000819181556.04cf48c0@localhost>

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Brett Glass wrote:
> 
> At 03:16 PM 8/19/2000, Thomas M. Sommers wrote:
> 
> >> >  If they use the GPL, they can
> >> >be pretty sure that no one else will make one, either.  Management has a
> >> >fiduciary duty to the shareholders.  If they give away their source, and
> >> >some other company makes a killing with it,
> >>
> >> Then they are hurt not one bit.
> >
> >A greedy shyster will argue that management breached its duty because it
> >should have know that a killing could be made, but instead gave away the
> >ability to make it.
> 
> That's actually a legitmate argument, and not that of a shyster by
> any means. In any event,the horse is out of the barn at that point;
> the hurt has already happened. If someone DOES make a killing with
> the softare, it does not hurt the company any more than it has
> already been hurt by its own foolishness.

My point was that if another company uses the source to make a profit,
that is good evidence that the original company could have made a
profit, too, and that management erred.  On the other hand, if no other
company can make a profit, it will be harder to prove an error of
judgment by management.

> >> Not true. The company is undermining its ENTIRE INDUSTRY by using the
> >> GPL. It's sort of like saying, "Yes, I killed myself, but at least I
> >> hurt my competitor a little."
> >
> >But they can't get sued for that.
> 
> Yes, actually, they can. It falls under many states' "Unfair business
> practices" statutes. And if the GPLed software monopolizes the market
> (as it has the market for UNIX C compilers), antitrust law may kick
> in.

I was talking about stockholder derivative suits.  Anyway, a company
could be liable for the actions you mentioned even if it put its source
in the public domain, or used a BSD license.  That problem has nothing
to do with the GPL.

> >I understand your dislike of the GPL, and even agree with it up to a
> >point (really, not as in "Up to a point, Lord Copper.").  But that is
> >irrelevant to the point I was trying to make.
> 
> Your point, as I recall, was that you thought the PPL was appealing
> to some foolish people within corporations because they have been led
> to believe that the "poison pill" might hobble competitors. I disagree.
> Any company that produces software is hurting itself the most when it
> releases PPLed code.

That is not exactly my point.  I certainly did not say anyone was
foolish.  I also did not say that the intent was to hobble competitors,
but rather not to give a valuable gift to competitors.


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