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posted by cmn32480 on Sunday September 04 2016, @12:16PM   Printer-friendly
from the it-is-usually-sugarcoated dept.

In the time leading up to the next Kernel Summit topics are presented and discussed beforehand on the Ksummit-discuss mailing list. There [CORE TOPIC] GPL defense issues was introduced. Even though Linus is not subscribed to this list he speaks his mind, bluntly. A good read.

I'm not aware of anybody but the lawyers and crazy people that were happy about how the BusyBox situation ended up. Please pipe up if you actually know differently. All it resulted in was a huge amount of bickering, and both individual and commercial developers and users fleeing in droves. Botht he original maintainer and the maintainer that started the lawsuits ended up publicly saying it was a disaster.

So I think the whole GPL enforcement issue is absolutely something that should be discussed, but it should be discussed with the working title.


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  • (Score: 3, Insightful) by darkfeline on Sunday September 04 2016, @08:46PM

    by darkfeline (1030) on Sunday September 04 2016, @08:46PM (#397499) Homepage

    I think the right way to approach this is, "Play your trump card by holding on to it, but not playing it."

    Simply having the GPL trump card gives you leverage, both legally and socially. For example, a large company like Google abides by the GPL (all licenses are distributed with Android, for example), not just for legal reasons, but to maintain a good relationship with the FOSS community.

    This is the same way nukes and patents are used now (North Korea and patent trolls need not apply). Companies hold patents not to sue others, but to deter others from suing them. By deter, I don't mean "sue them back" because lawsuits are so damaging. Rather, what happens is "I see you're planning on suing me with that patent you have. See, I also have this patent you are violating. Now, neither of us actually want an expensive lawsuit. How about we give each other licenses for these patents and call it even?"

    Diplomacy is great when you have some teeth to back it up, if only so you can negotiate as equals.

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  • (Score: 4, Insightful) by FatPhil on Monday September 05 2016, @07:33AM

    by FatPhil (863) <reversethis-{if.fdsa} {ta} {tnelyos-cp}> on Monday September 05 2016, @07:33AM (#397697) Homepage
    Nope, this is playing your trump card by discarding it. Keeping it in your hand, as something you could threaten to play, is also negative, according to LT and GKH. Their only weapon is a carrot held in a velvet glove, no sticks allowed at all.

    I will admit that I have historically approached the issue from the opposite direction, but I found their arguments extremely convincing, and they changed my PoV.
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    • (Score: 2) by darkfeline on Monday September 05 2016, @08:45PM

      by darkfeline (1030) on Monday September 05 2016, @08:45PM (#397889) Homepage

      If that's true, then you are advocating to move all FOSS to the public domain?

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      • (Score: 2) by FatPhil on Monday September 05 2016, @09:47PM

        by FatPhil (863) <reversethis-{if.fdsa} {ta} {tnelyos-cp}> on Monday September 05 2016, @09:47PM (#397901) Homepage
        Not at all. Did you even read the discussion between Linus, Greg, et al.? If so, please go back and read for comprehension this time. You'll notice things such as GKH in an aside even jokingly likening their behaviour to that of drug dealers who give away the first few hits for free. Clue - drug dealers aren't charities, in the end they want your money.
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  • (Score: 2) by Arik on Tuesday September 06 2016, @05:33AM

    by Arik (4543) on Tuesday September 06 2016, @05:33AM (#397984) Journal
    "I think the right way to approach this is, "Play your trump card by holding on to it, but not playing it.""

    I'm thinking you're the guy that always loses at cards, and doesn't understand why.

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