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Moglen On Enforcing The GPL

jdavidb writes: "The GNU Project has a new essay today by Eben Moglen, general legal counsel for GNU, about enforcing the GPL. People ranting about the GPL not holding up in court should read this. Very interesting, but I felt that this paragraph looked bad: 'In such situations we work with organizations to establish GPL-compliance programs within their enterprises, led by senior managers who report to us, and directly to their enterprises' managing boards, regularly.' I'm all for the GPL, but this sounds suspiciously like an Software Publishers' Association audit. On the other hand, circumstances of something like this would be completely different, i.e., illegally taking copyright privileges over software you didn't write, as opposed to illegally copying software." Actually, I also think they sound alike in certain ways, but that it makes sense -- since both are about unauthorized reproduction of software. I like the FSF's terms a lot more. Update: 09/18 19:53 PM GMT by T : As Dr. Nonsense points out, davidb "probably meant the dreaded audits by the Business Software Alliance," rather than the SPA.

15 of 309 comments (clear)

  1. moglen by Anonymous Coward · · Score: -1, Troll

    why the fuck is every post modded offtopic within less than 2 seconds of being posted? what do they have super low latency mods with the reflexes of a mongoose?

    fags.

  2. we are the anarchists by Anonymous Coward · · Score: -1, Troll

    cuz slashdot is a bunch of right wing facist that dont belive in freedom of speech.
    they only want their stocks to go up so they can make more money and exploit more people.
    why should i do all the work while they get all the money? what makes them so much better? just cause they "own" the means of production. privet property is theft, and slashdot are the thievs.

    1. Re:we are the anarchists by Anonymous Coward · · Score: -1, Troll

      ill hurt you, biatch.

      people are not naturaly greedy, that is a capitalist myth. look back before "civilazation" as we like to call it and see for your self.

  3. only if they kill you first. by Anonymous Coward · · Score: -1, Troll

    america is not the best, it is just what you are used to.

  4. Lets go... by Anonymous Coward · · Score: -1, Troll

    kill some TOWELHEADS !!!

  5. The GPL is un-American! by Anonymous Coward · · Score: -1, Troll

    This is no time for you commies to be pushing your socialist propoganda! We got us some towelheads to kill!

  6. #2 of course by bobalu · · Score: 0, Troll

    He's been indicted for a number of other terrorist acts already, we just don't convict people in absentia or it would have been done long ago.

    undeniably bloated US ego, but I thought it would be nice to get a point of view from actual Americans

    lemme see, we're the world's largest economy, brought the world (all the rest of which is full of supremely humble and morally-superior people) things like transistors, the telephone, TV, and possibly saved the world from the Nazi's... no, no reason for US to have a big ego I guess.

    --
    The revolution will NOT be televised.
  7. He Said it Himself: The GPL is Unenforceable by Anonymous Coward · · Score: -1, Troll
    I have assisted free software developers other than the FSF to deal with such problems, which we have resolved--since the criminal infringer would not voluntarily desist and, in the cases I have in mind, legal technicalities prevented actual criminal prosecution of the violators--by talking to redistributors and potential customers.


    In other words, you tried and failed to legally enforce the GPL. Instead, you began a campaign of "mudslinging" to win the case.

    This further proves why the GPL cannot be enforced in a court of law. It is merely a scare-tactic you use to force companies into doing what the FSF wants.

    Furthermore, it seems that you are taking the law into your own hands. This is clearly not a professional thing to do. You may believe that a company was in violation of the GPL. However, it may become apparent, through proper legal proceedings that the company was not in violation at all. Perhaps they discovered a loophole and exploited it. Wrong as this may be, it is perfectly legal. So instead of attempting to scare away a company's customers, you should have instead allowed the legal system to determine the guilt of an organization.

  8. Re:are you a true american? by TrollMan+5000 · · Score: 0, Troll

    I have really bad gas. And you?

  9. Re:greens are weak! by TrollMan+5000 · · Score: 0, Troll

    Greens are fags, too!

    It's cock they suck.

  10. Re:I have returned to the Dark Side! by TrollMan+5000 · · Score: -1, Troll

    Besides, I got an account to bounce of the cap. My job there is done, that account retired.

    TIME TO PLAY!!

    Just wish I could post more than once in 2 minutes. I got some karma to burn!

  11. BSA by TrollMan+5000 · · Score: -1, Troll

    Bullshit Alliance

    Tells it like it is.

  12. Penis by TrollMan+5000 · · Score: -1, Troll

    My penis is free. As in beer.

  13. Re:I beg to differ by Anonymous Coward · · Score: -1, Troll

    In the Gates world, all software copyrights are assigned to a single company (which owns all developers) and that company can decide what to do with it's developers' code.



    How does this rampant flamebait get modded up as insightful? There is no "Gates' world". I know you kids love to have an icon to hate but please educate yourself about copyright laws first - unless you're refering to an Orwellian fantasy of your own creation - in which case your comments do not belong in a discussion about the GPL.



    Copyrights are not owned by a single company. They are owned by whoever creates the code. They are owned by companies when those companies pay people to develop that code for them. It doesn't preclude anyone developing code outside of a company and owning it by themselves.



    I, for one, don't want to see some commerical company using my software to make the next version of windows. That's why I release all my code under the GPL. I hope you will as well.



    That is a very valid argument if that is what you really care about. However, for some others, concerns such as granting people true freedom to use their creation takes precedence over disallowing someone to profit from it.



    PS: The reference to Gates betrays your age. Stay away from uncalled for remarks or people will figure out your maturity level is as low as RMS with his references to unelected presidents.



    PPS: Grow the fuck up!

  14. Update by TrollMan+5000 · · Score: -1, Troll

    I'm GPL'ing my veiled penis.