linux-kernel - Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

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Message-ID: <20061224010732.GR6993@stusta.de>
Date:	Sun, 24 Dec 2006 02:07:32 +0100
From:	Adrian Bunk <bunk@...sta.de>
To:	Pavel Machek <pavel@....cz>
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, Dec 23, 2006 at 10:36:02PM +0100, Pavel Machek wrote:
> 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...

This is a misunderstanding.

You can demand the costs for your lawyer.
The costs for your lawyer depend on the amount in controversy.

The one who tells his lawyer to take legal actions might be a copyright 
owner, but it's also possible based on competition law.

> 								Pavel

cu
Adrian

-- 

       "Is there not promise of rain?" Ling Tan asked suddenly out
        of the darkness. There had been need of rain for many days.
       "Only a promise," Lao Er said.
                                       Pearl S. Buck - Dragon Seed

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