[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: SUN RPC code is DFSG-free

On Tue, Aug 26, 2003 at 07:10:46PM +1000, Anthony Towns wrote:
> On Mon, Aug 25, 2003 at 11:51:49AM +0100, Andrew Suffield wrote:
> > On Mon, Aug 25, 2003 at 04:03:20PM +1000, Anthony Towns wrote:
> > > Nor is "Not being able to change it to look exactly like `solitaire.exe'",
> > > but you can't do that, either. And yet we can still distribute lots of
> > > things that you can change to look exactly like `solitaire.exe' under
> > > the terms of the GPL.
> > This is essentially false, as Branden has already commented. (Unless
> > you happen to live in one of those freaky countries where copyright
> > behaves like patents, but I think we'll have to ignore them)
> "You're wrong, and we'll ignore anywhere where you may be right."
> Nice to see we're working towards consensus.

You have founded your argument upon laws which are inimical to
copyleft licenses, and which do not apply throughout the US or EU -
and which we still haven't seen any concrete examples of.

I can't rebut this any more than I can rebut an argument that says
"But if local law prohibits commercial use of software, then
non-commercial-use-only clauses do not add any extra restrictions and
are therefore both DFSG-free and compatible with the GPL".

> You're invited to demonstrate an instance of someone coming up with the
> exact same expression of the exact same copyrightable idea being sued
> for copyright infringement and winning on the grounds of independent
> reinvention. For bonus points make it an instance where they had access
> to the original work.

I'll have to pass on this one, as I've never heard of anybody being
sued for this at all, but I counter-invite you to come up with an
example of anybody coming up with the same expression of the same
copyrightable idea being sued for copyright infringement and
*losing*. I don't think any case law exists (or ever will exist) on
the subject, so we'll have to work with the statutes - which, at least
in the US and EU, are fairly clear that independant innovation is a
valid way to avoid copyright issues.

Furthermore, I invite you to find a country where laws which support
your position actually exist. Otherwise we'll have to dismiss your
argument as handwaving.

  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
   `-             -><-          |

Attachment: pgptgfWiTZ8_Q.pgp
Description: PGP signature

Reply to: