Mozilla Public License 2 Alpha 3; request for early review prior to formal submission for approval

Rick Moen rick at linuxmafia.com
Sat Nov 20 01:15:16 UTC 2010


Quoting Andrew Wilson (andrew.wilson at intel.com):

> Sorry, but in this scenario I clearly posit the case where Bob creates
> not simply an archive but a linked executable which is distributed
> under GPL, thus triggering GPL requirements to release the complete
> corresponding source under GPL.  (to Carol)

I'm with John Cowan:  This seems like just the urban legend that refuses
to die.

Specific performance is not even available as a remedy for copyright
violation.  Plaintiff gets to enjoin further infringement, plus (if the
work is registered) some degree of monetary damages.  

Hypothetically, it's physically possible plaintiff might be able to
convince a judge to order the 'release' you speak of on some theory of
contract law, but nobody's ever been able to cite an example of 
that happening.

It really doesn't stand to reason that it would:  Absent an 'I agree to 
license my property under your preferred terms if I create a derivative
work' contract clause, there's no reason to think a judge would order
such a thing.




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