A Beginner's Look At GPL Enforceability

sirmikester writes "I wrote a term paper for my University of Illinois law class about the enforceability of the GPL. Unlike most of the papers dealing with the GPL, this one was aimed at a primarily non-technical audience. While a little bit rough around the edges, I'm sure it could give all of the non-technical folks out there a look at the GPL, and why its so important to all of us. There is also a powerpoint presentation available of the speech that I gave to the class about the paper. "

Comments

Re:Trademarks must be respected...

[Mr. Slippery]

Pre-pending GNU to Linux is an affront to the Linux trademark. Microsoft would be furious if people started advertising "x86/Windows XP".

"Intel x86/Windows XP" would be an accurate description of what are otherwise known as "Wintel" systems; the combination of the Windows XP operating system with the Intel x86 hardware platform. (As opposed to an "AMD/Windows XP" system, for example.)

Similarly, "GNU/Linux" is an accurate description of a GNU system running on top of the Linux kernel. (As opposed to a "GNU/Hurd" system, or a "GNU/*BSD" system, or an embedded system running some proprietary software on top of the Linux kernel.)

Neither is an affront to any trademark. In fact misusing "Linux" to refer to the entire system rather than the kernel would be improper use of the trademark, something like calling all sodas "Coke" or all photocopiers "Xerox".