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User: VLSI_Monkey

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  1. Re:time to prove GPL's right in court on Embedded Device Manufacturers Ignoring GPL · · Score: 1

    Stating that the GPL is anti-business (software) across the board is just as irresponsible as stating that the GPL is pro-business across the board.

    As many have stated, there are a variety of business models that are based specifically off the distribution of GPL derived software. However, for argument's sake, let's not even consider these models.

    Let's only consider traditional businesses that either rely on software as a sole end-user product, or on a software/hardware co-designed end-user product.

    The question isn't if the GPL helps these businesses, although I will give some examples where such is true. The question is, does the very existance of the GPL negatively impact these businesses?

    ***

    Case #1 Embedded Products using Linux
    Linux is used in a variety of consumer electronic devices as an embedded OS (such as this DVD player). Consider if many of these manufacturer's never altered the GPL'ed Linux src. In other words, consider if the IP of these particular companies was contained solely in user-land apps and/or closed-source binary kernel modules. In this case, the companies in question are violating the GPL solely because they do not provide a means for their customers to aquire the unmodified Linux src. If the companies provided such, and passed the bandwith/CD-mastering costs down to the end-user, the company would be complying with the GPL within the confines of the traditional model.

    Benefit to the company: free, relatively mature embedded OS.

    Case #2 Inherently unique software products
    There are many software products that are inherently unique and thus resistant to GPL software development. Sure a GPL'ed office suite might kill a proprietary suite based on favorable pricing, or embedded Linux might kill a proprietarty OS for similar reasons.

    Consider, however, the gaming industy. If I produced a cross-platform MMORPG using GPL'ed IDE/gcc/mingw, and targeted Linux specifically as one of the end-user platforms, I would have absolutely no restriction placed on my software due to the GPL. Likewise, a bunch of people producing a free GPL'ed MMORPG most likely wouldn't impact my software sales at all, unless that game was better than mine, even though mine was written by 30+ software developers with amazingly high salaries.

    It's pretty clear that a free GPL'ed hobbyist Fake Fantasy XII game for the Playstation 2 wouldn't impact the sales of Square's Final Fantasy XII next year in the least.

    Gaming is one example of a software model that is free from negative GPL influence. Hell, gaming consoles running Linux and LGPL graphics libraries could (theoretically) increase the profit margins of proprietary interative entertainment sales.

    The gaming industry is a pretty important industy to consider as well. Internationally, the number of software developers employed in the gaming field is becoming one of the largest in the entire software industry. Likewise, it's already been several years since the gaming industry was declared more valuable than the film and music industry combined. (Google for references if you'd like. They're everwhere).

    Case #3 GPL-free alternatives
    Your point that many businesses would rather pay a large fee for software rather than using free software that destroys their IP is a valid one. There are plenty of businesses that evaluate the GPL option, decide that the restrictions of the GPL are incomptabile with their business model, and subsequently either hire software engineers to produce an in-house alternative or purchase a non-GPL'ed alternative from a third-party vendor (ie. you).

    This will never change as long as there are segments of the software industry that will always and forever be incompatible with the tenants of the GPL. If you are in a company that is producing a product that can so easily be undermined by GPL'ed software, perhaps you should consider your alternatives. This advice is no different than what I would gi