Article View: gnu.misc.discuss
Article #75889Re: Overreaching Copyright Claims (was Bullshit Copyright Legends)
From: USENET News
Date: Mon, 06 Nov 1989 06:08
Date: Mon, 06 Nov 1989 06:08
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> On 5 Nov 89 02:45:49 GMT, annala@neuro.usc.edu (A J Annala) said: >AJ> An essential element in preserving an exclusive right to enforce >AJ> the RMS philosophy about distributing software with many strings >AJ> attached will be his (or FSF's) willingness to warn and litigate >AJ> against any prospective copyright violators. . . . >AJ> Can they pretend to be a tax exempt nonprofit organization while >AJ> suing for profit allegedly lost as a consequence of a copyright >AJ> violation? >RP>I think that's a pretty poor attitude you have chosen for yourself and >RP>it doesn't win much sympathy from a reader. >RP>I don't know if the FSF has ever sued, it probably doesn't have the >RP>money Apple does, but if it did, it wouldn't be for lost profits. It >RP>would be for violation of the copyright. Not everything revolves >RP>around money you know. Not even in the US. From: annala@neuro.usc.edu (A J Annala) Path: neuro.usc.edu!annala No one is asking for any sympathy here. The point I am making is that RMS/FSF appear to be claiming far more control over their product than federal intellectual property laws allow. The simple fact that RMS/FSF openly consent to the distribution of GNU software without charge and with no prior agreement in the form of an oral/written contract/license pretty much precludes any real possibility of successfully maintaining a legal action to either restrict distribution or obtain damages for nonconformance with the terms of the GNU GENERAL PUBLIC LICENSE. The GPU license claims rights in excess of those provided by federal law. I personally believe in acknowledging the source of any public domain software. I also believe in respecting the terms of my agreements to limit the distribution of software (whether copyrighted or not) given to me by another author. However, I do not believe it is proper to take donations on the one hand to produce "free" software -- and then claim that the force of federal law allows one to control the manner in which such "free" software is copied, modified, or distributed. I suspect RMS/FSF may be acting improperly by making overreaching claims about their ability to control the rights of others under federal law. As a practical matter, if RMS/FSF have knowledge of a violation and do not warn a violator to cease and desist and back up that warning with the will and financial ability to litigate the matter, then copyright (trade secret, patent, etc) laws are meaningless. In today's economy (given the laissez faire attitude of the government) the GNU project must be prepared to defend it's claimed rights. However, given the considerations discussed above, I seriously doubt that any commitment to challenging the actions of a nonconforming individual/organization are unlikely to be worth the effort and expense of filing. The judge may also find such a filing to be frivilous and a contemptuous waste of judicial resources.
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,b12292581d6f38ad,start X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1989-11-06 15:31:43 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!samsung!usc!news From: news@usc.edu (USENET News) Newsgroups: gnu.misc.discuss Subject: Re: Overreaching Copyright Claims (was Bullshit Copyright Legends) Message-ID: <21046@usc.edu> Date: 6 Nov 89 06:08:40 GMT Reply-To: annala%neuro.usc.edu@usc.edu (A J Annala) Distribution: gnu Organization: University of Southern California, Los Angeles, CA Lines: 48 Posted: Mon Nov 6 07:08:40 1989