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FSF Settles Suit Against Cisco
Saint Aardvark writes "The Free Software Foundation has announced that they've settled their lawsuit with Cisco (reported earlier here). In the announcement, they say that Cisco has agreed to appoint a Free Software Director for Linksys, who will report periodically to the FSF; to notify Linksys customers of their rights; and to make a monetary donation to the FSF. An accompanying blog entry explains further: 'Whenever we talk about the work we do to handle violations, we say over and over again that getting compliance with the licenses is always our top priority. The reason this is so important is not only because it provides a goal for us to reach, but also because it gives us a clear guide to choosing our tactics. This is the first time we've had to go to court over a license violation.'"
A lawyer friend of mine once said that once you go to court anything can happen.
You mean this MIT license? The one which says "do whatever you like, just don't sue and provide this notice"? The old Apache license is similar, and 2.0 even includes patent provisions.
Looks like the FUD already worked on you. Not all licenses are the same, nor are all OSS licenses viral.
First, find a new lawyer (assuming you're not just trolling).
Second, if your organization is allowing developers to throw in libraries from all over, without checking licenses, you've got some pretty big problems, and you're probably better off if they're using OSI-approved licenses (which at least allow commercial use). That still doesn't mean that the libraries are appropriate or of good quality, which is why I'd be a bit slower to worry about the legal issues.
Third, if you think commercial licenses are easier to work with, you need to read a few. It's very, very common to have little exclusions and conditions in them. There aren't all that many OSI-approved licenses, and you can come up with a list of approved ones for certain projects fairly easily. Besides, the commercial places employ nastier lawyers.
Fourth, there is no risk of having to publish source code, even if you've wrongly linked it with GPLed code and distributed it. That isn't a legal remedy, and no court will order you to do it.
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
GNU is about freedom. Let's say I wanted to punch you in the face. I have the freedom to do so, unless you have the power to stop me. But trying to stop me is taking away my freedom to swing my fist, under your definition of freedom. Under my definition of freedom, your right not to get hit in the face outweighs my freedom to swing my fist wherever I like.
The GPL and the FSF help protect developers and end users from getting punched in the face by companies like Cisco. The GPL and the FSF help protect freedom, unless you define freedom as 'I get to do whatever the hell I want and screw the rest of you.'
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
Free Software is about the software remaining free. It is actually a more descriptive term than saying "free software" when you mean you don't have to pay. The end result is more freedom for the user, if not the programmer. The user is more important.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
I wouldn't be so quick to hand out these kudos; the non-compliance can return. This, I suspect, is why Cisco needs a Free Software Director who regularly reports back to the FSF. As the FSF's Compliance Engineer Brett Smith pointed out in 2008, "Despite our best efforts, Cisco seems unwilling to take the steps that are necessary to come into compliance and stay in compliance." (emphasis mine). Smith wrote that 5 years after the FSF learned that Cisco was not complying with the GPL and the FSF had been getting nowhere with its attempt to silently get Cisco to comply—what Smith called "a five-years-running game of Whack-a-Mole". Cisco and the FSF recently arrived at their agreement. It will take years to convince the public that Cisco is compliant and will remain compliant with those that treat Cisco so nicely as to share their work in whole with Cisco. "The end" you refer to is nowhere near here. Good will to correct wrongdoing on this scale takes time to sow.
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