19 Feb
2004
19 Feb
'04
2:33 p.m.
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:
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On Wed, Feb 18, 2004 at 05:23:41PM +0100, Andreas Kuckartz wrote:
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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"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.
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