Re: [tlug] Bill Gates and the GPL , let the flames begin

["Stephen J. Turnbull" <stephen@example.com>]

Attila Kinali writes:

 > Hmm.. could be. GPLv3 always leaves a bad aftertaste of
 > "there is something i didn't quite understand, but what is it?"
 > after reading.

Heh.  All of Stallman's writings leave me feeling that way (especially
his code!)  The FSF's FAQs and other writings *about* the GPL (any
version) are even worse than what Stallman himself produces.

 > > Actually, in the U.S. system explaining what the sections mean
 > > *legally* is what the courts do for us.
 > 
 > Here in Switzerland (i don't know much about how legal stuff is
 > handled in the rest of europe in detail) a law has to be precise
 > and clear to begin with.

Sure, the *law* does, but you can't apply that criterion to a license
once a dispute has arisen.  If the law is clear, then the judge looks
at the license and says, "here are what the terms mean based on the
law; go thou forth and comply!"  Isn't that the way it works?

The difference AIUI between common law (English-speaking world) and
Continental law is that under common law judges make law by their
decisions, while under Continental law they do not.  That means that
under common law a judge's decision, once made, "must" be followed by
other judges in later cases with similar circumstances until the
legislature says otherwise.  In Continental law, judges decide each
case based on legislation and the merits of the case only, although
they are influenced by previous decisions (especially if the opinion
is well-written).

 > Here [judges] normaly rule in favor of the one with more political
 > influence :-(

Ah, so you live in the same world I do. :-)  This rule has the benefit
of providing more stability, so it's not all bad.