Re: Dell vs. GPL

Thomas Dodd (ted@cypress.com)
Thu, 10 Jul 2003 09:41:19 -0500


Miles Bader wrote:
> Thomas Dodd <ted@cypress.com> writes:
>>Either license would still reguire registration for enforcement. But the
>>_new_ license, like OSL, would "will have teeth to defend", and stand up
>>in court since the GPL didn't.
>
>
> Why? If the court loss was due to a lack of registration, the content
> of the license has no relevance -- _any_ license would lose in that
> situation.

Where did you get that the "loss was due to a lack of registration" ?

From Andre's 6/29 message:
> I am in the process of getting the formal registered copyright.
>
> I will take GPL to court and will not settle out of court.
> GPL will live or die in this case, I do not give a damn which way it
> falls.
>
> GPL wins great.
> GPL loses, maybe better so it can be replaced with OSL and then
> it gets serious because we will have teeth to defend the ideas
> of open source.

Andre is formaly registering the copyright, so that the lawyers will
take the case. Without it, in the US at least, the case will never be
heard. Andre has stated this case will be heard, so the GPL will be
tested in court. The loss would not be related to registration.

-Thomas

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