[License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

Bruce Perens bruce at perens.com
Mon Jun 11 06:41:16 UTC 2012

On 06/10/2012 10:49 PM, Rick Moen wrote:
> I believe this is entirely consistent with what I said, Bruce. You 
> even said 'Read caselaw.'

I think we need to come to grips to the fact that it may be possible for 
GPL software to be embedded within a proprietary software product a la 
NuSphere without the result being infringement. At least as long as they 
provide source and a license statement for the GPL part.

If you go back to Progress Software (NuSphere) v. MySQL, the MySQL guys 
signed a contract with Progress without ever having it vetted by a 
lawyer. NuSphere had a reasonable assumption that they had a right to 
embed the program in their product. The MySQL guys messed up in a big 
way and were lucky to not have had to pay for it.


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