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Date:      Tue, 10 Jul 2001 06:01:15 +0930
From:      Greg Lehey <grog@FreeBSD.org>
To:        j mckitrick <jcm@FreeBSD-uk.eu.org>
Cc:        David O'Brien <freebsd-advocacy@freebsd.org>, Wes Peters <wes@softweyr.com>, Dirk Myers <dirkm@teleport.com>
Subject:   Re: BSD, .Net comments - any reponse to this reasoning?
Message-ID:  <20010710060114.Q80862@wantadilla.lemis.com>
In-Reply-To: <20010709164857.B42753@dogma.freebsd-uk.eu.org>; from jcm@FreeBSD-uk.eu.org on Mon, Jul 09, 2001 at 04:48:57PM %2B0100
References:  <20010630174743.A85268@dogma.freebsd-uk.eu.org> <20010630173455.T344@teleport.com> <20010701032900.A93049@dogma.freebsd-uk.eu.org> <20010701132353.W344@teleport.com> <20010702152649.A18127@dogma.freebsd-uk.eu.org> <3B449C54.EC88E204@softweyr.com> <20010705184811.A78227@dogma.freebsd-uk.eu.org> <20010709011028.A2736@hub.freebsd.org> <20010709164857.B42753@dogma.freebsd-uk.eu.org>

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On Monday,  9 July 2001 at 16:48:57 +0100, j mckitrick wrote:
> On Mon, Jul 09, 2001 at 01:10:28AM -0700, David O'Brien wrote:
>> On Thu, Jul 05, 2001 at 06:48:11PM +0100, j mckitrick wrote:
>>> I thing my word choice obscured my intent:
>>>
>>> The FSF holds the copyright to insure that the PROJECT will remain forever
>>> GPL'ed.
>>
>> NO.  The FSF holds the copyright to insure it is *defendable*.  If GCC,
>> et. al. was not fully owned by them it would be quite hard to sue someone
>> over abuse of copyright or license.  Same reason UC-Berkeley/CSFG did the
>> same for BSD.
>
> Hmmm.  Well, that does make sense, though I find it hard to believe that a
> great deal of GPL code couldn't be easily 'stolen' in the sense of using it
> and not giving back. 

Of course.  I'm sure it happens all the time.  I once had to sign an
NDA to see the source code of a compiler which proved to be gcc.

> If it isn't GUI code (in some cases even *that* could be explained
> away) and if it doesn't produce identical output, I find it hard to
> believe anyone could *prove* in a court of law that binary A
> includes source B, which is GPL protected.

Given the understanding of the legal profession, I consider it more
likely that the court would require defendant to produce the source
code.  That would be a lot more obvious.

Greg
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