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Rick,<br>
<br>
I suggested that metric to tease Larry. He's been vociferous about
the GPL and its enforcement previously.<br>
<br>
You bring up the issue of court tests, though. It's not really the
licenses that need testing, but some of the assumptions upon which
they are built. So, Jacobsen v. Katzer was useful because it
establishes that the Free Software developer has an economic
interest and can use the full gamut of enforcement tools to protect
that interest. Not because it included a court test of the Artistic
License Version 1, a license that we are happily mostly rid of.<br>
<br>
Oracle v. Google, if it stands (we have about 2 months to see if
Oracle will really file cert), does two things, I think. It makes it
even clearer that we can re-implement proprietary APIs in Free
Software with impunity, and it makes it even less likely that we can
successfully enforce that run-time combination of works at an "API"
boundary creates a derivative work. We'll take that, we're more
interested in freedom than enforcement.<br>
<br>
I completely agree with you that it's silly to litigate with a Free
Software developer. I'll take it farther, though. It's even silly to
litigate with a Free Software developer <i>when they're wrong.</i>
SFLC has previously insisted that dynamic-loaded Linux kernel
drivers be provided in source form and under a Free Software license
as a step in compliance. IMO they're on shaky ground with that; but
it's easier to comply, in almost all cases, than to fight. So, I
will continue to advise against proprietary run-time-loadable
drivers despite Judge Alsop's finding on APIs.<br>
<br>
Thanks<br>
<br>
Bruce<br>
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