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Bruce Perens Explains That 'GPL Is A Contract' Court Case (perens.com)

Posted by EditorDavid on from the freeing-the-software dept.

Bruce Perens co-founded the Open Source Initiative with Eric Raymond -- and he's also Slashdot reader #3,872. Bruce Perens writes: There's been a lot of confusion about the recent Artifex v. Hancomcase, in which the court found that the GPL was an enforceable contract. I'm going to try to explain the whole thing in clear terms for the legal layman.
Two key quotes:
  • "What has changed now is that for the purposes of the court, the GPL is both a license, which can be enforced through a claim of copyright infringement, and a contract, which can be enforced through a claim of breach of contract. You can allege both in your court claim in a single case, and fall back on one if you can't prove the other. Thus, the potential to enforce the GPL in court is somewhat stronger than before this finding, and you have a case to cite rather than spending time in court arguing whether the GPL is a contract or not..."
  • "Another interesting point in the case is that the court found Artifex's claim of damages to be admissible because of their use of dual-licensing. An economic structure for remuneration of the developer by users who did not wish to comply with the GPL terms, and thus acquired a commercial license, was clearly present."

4 of 179 comments (clear)

  1. Re:Legal Advice by Anonymous Coward · · Score: -1, Troll

    Remind me again who wrote the license that was just upheld in court?

    Oh, yeah, that's right. A programmer in bumfuck America.

  2. Low UID by Anonymous Coward · · Score: -1, Troll

    Yes, Bruce, we know you have a low UID. You are in fact part of the reason there is "low UID prestige" on the site.

    Back in the day, there were trolls using ascii hacking to make fake Bruce Perens accounts. In those days, UID wasn't posted next to names (like a badge on a cub scout uniform, i.m.o.)

    Because Bruce was getting "picked on" the site was changes so UID is emblazoned on everything.

    Just one of the early instances where the quality of Slashdot was reduced.

    1. Re:Low UID by __aadota8673 · · Score: -1, Troll

      Oh look. Saturday night and the reject is alone posting comments over a line long w/o "stupid" and "moron." Back on your pills you sad sac of loser?

  3. Re:Legal Advice by Anonymous Coward · · Score: -1, Troll

    Columbia University law professor Eben Moglen wrote the GPL.

    Another scumbag lawyer. Got it.

    The article by Bruce Perens, like all pro-GPL writing, is nothing but Orwellian double-speak, constantly talking about freedom but at the same time insisting that freedom means "you must do exactly as I say".

    However, this court ruling is good news. Now there's even more good reason to avoid all software infected with the cancer that is the GPL.