MorphOS Developer
Posts: 619 from 2005/8/27
From: the land with ...
Quote:
If I (the final user) is the one breaking the GPL rules, I (and I think 99 percent of people) will assume the risk of having RMS knocking at my door with a lawyer...
Well, if you don't give a rats arse about the legalities, maybe you should atleast give some thought to the moralities of abusing someone's software (which was given to you for free (sources and everything)) in a way that goes wholly against the author's wishes?
I might add (before anyone draws any unrelated parallels) this is not about a user using software in some unintended way, nor is it really about someone facilitating such a thing (neither is actually illegal nor immoral in itself), but one (or more) developer(s) taking someone's sources and upon seeing that the license for those makes them unfit for their project, instead of giving up those sources, hatch a grand scheme to subvert it and abuse the sources outside of its license for their own gain. This might even occur unintentionally (like in the case of someone making a GPL plugin for non-GPL compatible software) due to ignorance (simply haven't read, or didn't understand the license), but it's still wrong in the end.
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Think about the reverse case: I have my marvellous GPL browser, with GLP plugins, and suddenly, Microsoft, releases a commercial-licensed browser, miracously (Microsoft sais non intencionally) hundred percet compatible with those plugins. I do not think MS can be accused of anything, nor the plugin programmer, and not ever the user that combines the licenses, as he is not doing any illegal thing...
True, neither is necessarily doing anything illegal .. if there already existed binary GPL plugins you could download and that complied with the GPL (ie, sources were available etc), what you do with those binaries is your own business (the only thing you commit to with regards to the GPL as a user of the binary is to make sure whomever you pass the binary on to has access to the sources), and Microsoft could simply claim that this API was so popular that it made sense to be binary compatible with it (there might even be a great number of non-GPL (yet GPL-compatible) plugins), however this is not the scenario we are discussing here...
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I-m not an expert about GPL, but I have serious doubts about the legality of that kind of restrictions in some countries... Here in Spain, a Judge would laugh at Stallman's face with that kind of acusation against a final user.
Well, most people laugh in Stallman's face, it's kinda hard not to when you see it... ;)
Anyway, building up a case against users for such a thing is at best frivolous indeed, however you might be able to get something on the party that was instrumental to the gunpowder plot itself, claiming that you somehow accidentally made the plugin API binary compatible doesn't fly well even with the most clueless judge. Mind you, it would be silly to make such a claim, as there's nothing illegal in making binary compatible APIs (phew ;) ) .. the core of the case would have to be to establish whether or not it was done to intentionally circumvent the GPL (and if the accused happens to have some sort of affiliation with such a plugin (as could be construed in previously mentioned examples) one might start contemplating the purchase of a budget pack of soap-on-a-roap)...
- CISC
[ Edited by CISC on 2006/10/6 22:51 ]