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Date:      Sun, 02 May 1999 19:55:34 -0400
From:      Laurence Berland <stuyman@confusion.net>
To:        John Baldwin <jobaldwi@vt.edu>
Cc:        Rahul Siddharthan <rsidd@physics.iisc.ernet.in>, Kris Kennaway <kkennawa@physics.adelaide.edu.au>, advocacy@FreeBSD.ORG, Jeroen Ruigrok/Asmodai <asmodai@wxs.nl>
Subject:   Re: Some thoughts on advocacy (was: Slashdot ftp.cdrom.com upgra
Message-ID:  <372CE5F6.9D9B0CBE@confusion.net>
References:  <XFMail.990502180056.jobaldwi@vt.edu>

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Not getting involved with the rest of this debate, but want to clarify something
about the way copyright law works.  When I have the copyright on something, I do
pretty much what I want with it, since it's mine.  If you want to use it, I tell
you what the conditions are on you using it.  Those conditions go in license.  I
give you the right to use it if you follow those conditions.  A license doesn't put
me in any position, since the product is mine and I can do what I want with it.  I
haven't agreed to terms in exchange for use of my own code, so if I give you two
choices of conditions (ie BSDL and GPL) then that's ok.  Further, if I make one
version, then upgrade it, then decide to add a new choice of terms to the
distribution of this new version, that's ok.  You can't sue me, since I haven't
agreed to keep it GPL, you have.  I can sue you if you breech your contract with
me, but all my contract says is if u follow the terms I chose then you can use my
software.

>
>
> Actually, (someone correct me if I'm wrong), but if you release version 1.0
> under GPL, and use any of the 1.0 code in version 2.0 that you try to sell w/o
> the source, then anyone can sue you for the source code to version 2.0 because
> it would be a derivative of 1.0 and by the GPL that means the source to 2.0
> would have to be GPL'd and thus freely available, which prevents you from
> selling it, for all intents and purposes.  It gets much worse when you have a
> large propietary product, such as your own OS specific to your application,
> and you want to add drivers for a newer network card.  You wouldn't be able to
> use GPL'd code because you would screw yourself.  You'd have to release the
> source code to your propietary OS, which your competitors would gladly take
> from you and sink you.  OTOH, such a company can safely use BSL'd code without
> worrying about having to release the source to their competitors.  And let's
> face it, not all software is going to be free, we do have to eat somehow.  So
> we can't kill all possibility of selling software.
>
> ---

Laurence Berland, Stuyvesant HS Debate
<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>
Windows 98: n.
        useless extension to a minor patch release for
        32-bit extensions and a graphical shell for a
        16-bit patch to an 8-bit operating system
        originally coded for a 4-bit microprocessor,
        written by a 2-bit company that can't stand for
        1 bit of competition.
http://stuy.debate.net
icq #7434346                    aol imer E1101




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