conducting a sane and efficient GPLv3, LGPLv3 Review

Walter van Holst w.van.holst at
Thu Aug 2 18:14:19 UTC 2007

> -----Oorspronkelijk bericht-----
> Van: Alexander Terekhov [mailto:alexander.terekhov at]
> Verzonden: donderdag 2 augustus 2007 19:40
> Onderwerp: Re: conducting a sane and efficient GPLv3, LGPLv3 Review

> (consider that over time, under "bazaar model" with long
> chain of derivation in derivative works and additions to
> collective works by different authors, GPL'd IP becomes
> practically locked within the GPL pool with no practical way
> to obtain rights to it under terms other than the GPL)

And what would the _legal_ problem be with that? Or would you suggest some essential facilities alike doctrine to apply to GPL'ed code? I am not sure whether Richard Stallman, Bill Gates or Larry Ellisson would approve of your line of thinking. And by the time you might get Bill, Larry _and_ Richard Stallman to agree together on disagreeing with you, it might be recommended to consider the option of just being wrong.

> -----
> Contracts do not involve the same basic scope or impact as do
> property rights established directly by operation of common
> law or state statute.

- snip -

The fact that you can't create absolute rights (against the world) through contracts alone does not imply that any similar relative rights (between parties) cannot be created either. You are referring to proCD versus Zeidenberg, I can't find anything in that decision that you can't expand property rights through contractual rights between the parties of that contract. Feel free to enlighten me though.



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