Date: Thu, 04 Sep 2003 21:02:19 -0600 From: Brett Glass <brett@lariat.org> To: Mark Murray <mark@grondar.org> Cc: freebsd-chat@freebsd.org Subject: Re: Ugly Huge BSD Monster Message-ID: <4.3.2.7.2.20030904205452.03b38c40@localhost> In-Reply-To: <200309042130.h84LUPqi029500@grimreaper.grondar.org> References: <Your message of "Thu, 04 Sep 2003 14:09:12 MDT." <4.3.2.7.2.20030904140756.029c26b0@localhost>
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At 03:30 PM 9/4/2003, Mark Murray wrote: >I am a professional programmer, and I do my programming in an >environment that has plenty of GPL'ed code. I get to mess with >GPL'ed source, use binaries compiled from GPL'ed source and we >distribute some of this binary and source. We also distribute a >commercial, source+object product that has very little open source. >This product is compiled with GCC and its documentation is maintained >partialy with open source tools and partially with commercial >products. > >What is the threat to MY livelihood? If you view GPLed code, and then write something similar, you are open to claims that your work is derivative of the GPLed code and therefore must likewise be GPLed. Interestingly, the lawyer for the Open Source Initiative was one of the first people to make this point (though he made it with reference to Microsoft's "shared source" rather than GPLed code, because he is very anti-commercial and wouldn't mind if the GPL had the same damaging effect on commercial programmers). He noted that, as in the famous George Harrison case involving the song "My Sweet Lord," the accuser does not need to claim that the copying was conscious. Merely having been exposed to the original is enough. See his paper at http://www.rosenlaw.com/html/GL8.pdf for more. So, yes, if you have read GPLed code, you are at serious risk. At any time, the FSF could claim that your work was derivative and had to be given away for free. You might prevail in court, but doing so could be just as costly as losing the proceeds from your work. --Brett Glass
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