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Date:	Sat, 23 Dec 2006 22:36:02 +0100
From:	Pavel Machek <pavel@....cz>
To:	Adrian Bunk <bunk@...sta.de>
Cc:	Theodore Tso <tytso@....edu>, Alan <alan@...rguk.ukuu.org.uk>,
	Linus Torvalds <torvalds@...l.org>, Greg KH <gregkh@...e.de>,
	Jonathan Corbet <corbet@....net>,
	Andrew Morton <akpm@...l.org>,
	Martin Bligh <mbligh@...igh.org>,
	"Michael K. Edwards" <medwards.linux@...il.com>,
	linux-kernel@...r.kernel.org
Subject: Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

On Sat 2006-12-23 12:24:29, Adrian Bunk wrote:
> On Thu, Dec 21, 2006 at 03:38:29PM +0000, Pavel Machek wrote:
> > On Thu 14-12-06 20:51:36, Adrian Bunk wrote:
> > > On Thu, Dec 14, 2006 at 12:17:49PM -0500, Theodore Tso wrote:
> > > > On Thu, Dec 14, 2006 at 04:33:47PM +0000, Alan wrote:
> > > > > > The trick is to let a lawyer send cease and desist letters to people 
> > > > > > distributing the infringing software for 1 Euro at Ebay.
> > > > > 
> > > > > Doesn't that sound even more like the music industry ? Pick on Grandma,
> > > > > and people who've no clue about the issue. It's not the way to solve such
> > > > > problems. The world does not need "The war on binary modules". Educate
> > > > > people instead, and talk to vendors.
> > > > 
> > > > .... or like Microsoft, who is threatening to make war on end-users
> > > > instead of settling things with vendors.  (One of the reasons why I
> > > > personally find the Microsoft promise not to sue _Novell_'s end users
> > > > so nasty.  Microsoft shouldn't be threatening anyone's users; if they
> > > > have a problem, they should be taking it up with the relevant vendor,
> > > > not sueing innocent and relatively shallow-pocketed end-users and
> > > > distributors.)
> > > > 
> > > > One of the things that I find so interesting about how rabid people
> > > > get about enforcing GPL-only modules is how they start acting more and
> > > > more like the RIAA, MPAA, and Microsoft every day....
> > > 
> > > Please don't think or imply I'd plan to do this, I'm only saying that 
> > > there's a risk for users in such grey areas.
> > > 
> > > It could be that someone who wants to harm Linux starts suing people 
> > > distributing Linux. If your goal is to harm Linux, suing users can 
> > > simply be much more effective than suing vendors...
> > > 
> > > It could even be that people distributing Linux could receive cease and 
> > > desist letters from people without any real interest in the issue
> > > itself - "cease and desist letter"s are so frequent in Germany because 
> > > the people who have to sign them have to pay the lawyers' costs that are 
> > > usually > 1000 Euro, and that's a good business for the lawyers.
> > 
> > Something is very wrong with German legal system, I'm afraid.
> 
> The point that you can take legal actions against anyone distributing 
> something that violates your rights should be present in more or less 
> all legal systems.
> 
> What might be special in Germany is only that you can demand your costs 
> after successfully taking legal actions.

What is special in Germany is fact that any random lawyer can demand
$1000 (not his cost, his profit) if you distribute code that is not
his...
								Pavel
-- 
(english) http://www.livejournal.com/~pavelmachek
(cesky, pictures) http://atrey.karlin.mff.cuni.cz/~pavel/picture/horses/blog.html
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