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Lawyer Thinks Microsoft Can Evade GPL 3

Posted by Zonk on from the i-a-n-a-l dept.

rs232 writes with a link about a disheartening observation on the GPLv3. Unless there's something more specific in the Novell agreement that would fall within the new version of the GPL, Microsoft should have no trouble slipping free of it. Silicon.com has a piece speaking with a leading intellectual property lawyer from Australia. She says, "'I would be very surprised to see this upheld. It was a nice try on the part of (the FSF), but at this stage, I'd say it's not going to be an effective strategy. It will be tough to hold up in court.' In this case, she said, Microsoft never acted — never 'entered' into the agreement, and the terms and conditions can only apply to new actions by Microsoft, not older ones. She said: 'Their actions so far are not enough to say that they are bound.'"

4 of 266 comments (clear)

  1. Car Analogy by An+Anonymous+Coward · · Score: 5, Funny

    She said: "An easy analogy is a car park with a sign that says you are bound to a given contract if you enter into that car park. Anybody can enter, but you have to accept the terms, and the signal of you accepting those terms is when you enter. You have to do something positive to accept the terms - you have to act."
    That lawyer obviously reads Slashdot, she went straight for the largely irrelevant car analogy.
  2. Re:This may betray some sort of ignorance on my pa by FishWithAHammer · · Score: 2, Funny

    be willing to sleep with the devil Hey, why's BSD being dragged into this...?
    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  3. Re:A waste of time and effort! by Anonymous Coward · · Score: 1, Funny

    Even worse: imagine all the time they've spent eating, sleeping, bathing, having sex, talking to their friends and families.... This whole "humanity" thing is a waste of time and effort, we must do something about it at once, before it disrupts the OSS community even further!

  4. Re:Did any of you actually believe they would be ? by ozphx · · Score: 2, Funny

    too long didnt read. buses are cars too.

    actually i did read, and you are correct.

    Microsoft is like the the supplier of the little pink lapel badges. After you change your license all the people on Slashcoat are posting around saying "HAHA! Now Microsoft has to give out full sized raincoats! PWNZORED!"

    Bullshit. The bus company (Novell) is fucked. Balls in their court.

    --
    3laws: No freebies, no backsies, GTFO.