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Re: GNU FDL 1.2 draft comment summary posted, and RFD



On Thu, Jun 13, 2002 at 11:41:13AM -0700, Walter Landry wrote:
> You have modified the original such that the preferred form for
> modifications has changed.  People do this all the time (e.g. recoding
> a Perl project in Python). I don't think that there is any ambiguity
> here.

I agree.  While we need to keep in mind the potential for abuse (e.g.,
Evil Proprieteer takes XML document, FO's to PostScript, has a techie
with the Red Book update the copyright notice in the PostScript output,
and then claims that PostScript is the preferred form for modification),
I think the truth is that:

1) Every copyleft I know of has been enforced by the honor system to
date, and not by preliminary injunctions or temporary restraining orders
let alone judicial holdings.  (However, what's the story with the two
companies fighting over MySQL?  I haven't heard any news on that front
in months.)

2) When somebody maliciously and deliberately violates the spirit of the
license like this, you're simply going to have to threaten them with
suit, or actually take them to court, to have a chance of getting
satisfaction.  (Well, maybe you can organize a boycott or other
consumer-level retributive action, *if they are small enough to be
affected by such tactics*.  Many corporate colossi aren't.)

3) The bigger you get, the more lawyers you have telling you to play it
safe.  In part this is because you're more likely to be good for a huge
damages settlement, so screwing up really can mean the difference
between life and death for your company.  Not to mention the angry board
and shareholders who will replace you as CEO.

4) The exception to 3) is, of course, state-sponsored monopolies,
whether they enjoy that status officially (the old Bell company, public
utilities), or unofficially (the vogue these days, where campaign
contributions ensure that politicians look the other way when Microsoft,
Pac Bell, AT&T, SBC, Cox, and other companies make sure that nobody
plays in "their markets" without ponying up a large tax).

In case 4) you're screwed anyway.  You rely on the government for the
enforcement of your copyright license.  If the government is corrupt,
you do not enjoy any copyright protection.  Welcome to the public
domain.

-- 
G. Branden Robinson                |      To stay young requires unceasing
Debian GNU/Linux                   |      cultivation of the ability to
branden@debian.org                 |      unlearn old falsehoods.
http://people.debian.org/~branden/ |      -- Robert Heinlein

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