[Consortium] Linuxaudio.org Management Board
iriXx
m at irixx.org
Thu Feb 19 07:43:43 EST 2004
yeah, actually Jan, you're right. i dont see the need for such a clause
either, because the law will cover you regardless of whether you use the
GPL or a regular copyright. the GPL was very cleverly built on top of
copyright law and is legally binding - i believe the MySQL case tested
it in court too.
patents are a different matter, i'm not sure we can preclude the
possibility that people might patent something, except that you'd have
to be on the lookout for a member with $25000 to spare. i believe thats
what it costs to register a patent?....
hth
m~
Jan Depner wrote:
> I agree that many organizations can't/won't sign up to that
>restriction. I would think that we're probably only talking about
>copyright infringement (including GPL issues), and patent infringement.
>Copyright infringement shouldn't be an issue for a company using
>proprietary code since we won't be seeing it anyway so we won't be
>copying it. GPLed code could be used by a company that doesn't disclose
>the source but, again, how would we know? The only real problem I can
>see arising would be submarine patents. Those of us developing Open
>Source code probably won't be filing patents ;-) Are these the only
>issues or am I missing something?
>
>
>Jan
>
>
>On Wed, 2004-02-18 at 10:36, jaromil wrote:
>
>
>>-----BEGIN PGP SIGNED MESSAGE-----
>>Hash: SHA1
>>
>>On Wed, Feb 18, 2004 at 05:23:41PM +0100, Andreas Kuckartz wrote:
>>
>>
>>>>"Members of the Linuxaudio.org consortium agree not to sue other
>>>>members, or otherwise instigate prosecutions of members, following a
>>>>dispute over reverse engineering."
>>>>
>>>>
>>>Two comments as input for your discussion:
>>>
>>>1. Currently nothing prevents a member to leave the consortium to be
>>>able sue a (former) member. If a significant amount of money is
>>>involved this could happen. In practice this clause therefore does not
>>>seem to have a binding effect.
>>>
>>>2. It is very unlikely that any company lawyer (that is: big
>>>companies) would agree to such a condition.
>>>
>>>
>>yes ok, but if we cannot even agree to not sue each other, why to be
>>part of a consortium anyway? :))
>>
>>- --
>> jaromil, dyne.org rasta coder, http://rastasoft.org
>>
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>
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