Re: Microsoft vs. Open Source

[gavin.walker@example.com]

Just curious. I've read the GPL and a couple of commentaries on it, but as it's
never been tested in court it's hard to know what would happen if it ever came
to a trial.

For example, if a vendor compiles some GPL code into their product, how can it
be proven from looking at the distributable binaries? You could maybe prove it
with raw C, but obfuscated Java? Probably not. How much change is needed before
the code isn't GPL any more, or is it *always* GPL? 0%? 25%? If I wrote a set of
very common functions and GPLed them, could I then wave the GPL flag and demand
that anyone with similar but expanded functionality in their app show me their
source, on the grounds that it'd be very difficult for them to prove that they
hadn't seen and used my code? Not likely is it?

If it's proven that a vendor reused some GPL code in their application, would
the vendor have to release their whole app under GPL, or is there a time window
to allow them to reengineer their product using non-GPL code? Even so, they've
seen and used the GPL code, so surely there would be bias in writing their
clean-room version. Likewise if they chose to reengineer, how does one prove if
it has GPL code in there or not? So much is open to interpretation...


Gavin





Internet
jq@example.com - 06/22/2001 11:07 AM


Please respond to tlug@example.com
To:   tlug

cc:

bcc:  Gavin WALKER


Subject:  Re: Microsoft vs. Open Source




Scott Stone (SStone@example.com) wrote:

> hmm.  doesn't mention the BSD license at all, I wonder if that's a loop
> hole?

The BSD license appears to meet with MS approval (judging by their
recent public statements on licensing) because it allows you
to take the code and create a proprietary fork.

The fact that MS would actually create an SDK license that forbids
you to even distribute your product with Free Software (under the
FSF definition) or its close relatives, or even use Free Software
tools to build it says a lot about how scared they are running
over what has been built around open source in general and the
GPL in particular.

Jonathan

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