Re: Wasting our Freedom

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To: Jeff Garzik <jeff@...>
Cc: Jason Dixon <jason@...>, Kyle Moffett <mrmacman_g4@...>, <misc@...>, <lessig_from_web@...>, <bkuhn@...>, <fontana@...>, <karen@...>, <moglen@...>, <norwood@...>, <linux-kernel@...>
Date: Sunday, September 16, 2007 - 5:17 am

On Sunday 16 September 2007, Jeff Garzik wrote:

Jeff,

Look at what you are saying from a different perspective. Let's say
someone took the linux kernel source from the official repository,
removed the GPL license and dedicated the work to public domain or put
it under any other license, and for kicks back-dated the files so they
are older than the originals. Then they took this illegal license
removal copy of your code and put it in a public repository somewhere.

You'd be perfectly content with such a development because it had not
been officially brought "upstream" by the "offical" public domain or
whatever project?

No, you would most likely be absolutely livid and extremely vocal
getting the problem fixed immediately, so your reasoning falls apart.

If the people who could fix the problem continued to ignore you, and the
people in leadership roles tell you then intend to steal your code,
then you would continue to get more angry and vocal about it.

Now take it one step further. For the sake of example, let's assume all
of this atheros driver nonsense went to a German court and the
GNU/FSF/SFLC/Linux or whoever you want to call yourselves lost a
criminal copyright infringement suit. You have now been legally proven
to be guilty code theft.

After such a ruling let's assume some jerk was to do the all the
horrific stuff mentioned in the first paragraph above to the linux
source tree, along with a little regex magic to call it something other
than "linux" and seeded the Internet with countless copies. At this
point, the GNU, FSF, GPL and all of the hard working Linux devs are now
stuffed. A company could download the bogus source, violate the now
missing GPL license, claim you stole the code from someplace else on
the `net and illegally put your GPL license on it... Worst of all, they
now have your past conviction of criminal code theft to back up their
assertion about the way you normally operate.

You should be concerned. The above is an immoral and illegal but still
practical attack on the GPL and all of hard work by many great people.
By having some people within the GNU/FSF/GPL camp indulging in code
theft to push their preferred license and the reasonable folks in the
GNU/FSF/GPL camp refusing to voice a strong opinion against code theft,
you are weakening your own license.

jcr

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Messages in current thread:
Wasting our Freedom, Jason Dixon, (Thu Sep 13, 11:09 pm)
Re: Wasting our Freedom, Toni Mueller, (Thu Oct 11, 2:05 pm)
Re: Wasting our Freedom, Karl Sjodahl - dunceor, (Fri Oct 12, 1:00 am)
Re: Wasting our Freedom, knitti, (Thu Oct 11, 4:37 pm)
Re: Wasting our Freedom, J.C. Roberts, (Sat Sep 15, 6:33 am)
Re: Wasting our Freedom, Kyle Moffett, (Sun Sep 16, 3:32 am)
Re: Wasting our Freedom, Rob, (Sun Sep 16, 4:02 am)
Re: Wasting our Freedom, J.C. Roberts, (Sun Sep 16, 3:52 am)
Re: Wasting our Freedom, Kyle Moffett, (Sun Sep 16, 4:23 am)
Re: Wasting our Freedom, J.C. Roberts, (Sun Sep 16, 6:05 am)
Re: Wasting our Freedom, David H. Lynch Jr., (Sun Sep 16, 12:40 pm)
Re: Wasting our Freedom, Peter Philipp, (Sun Sep 16, 9:50 am)
Re: Wasting our Freedom, Jeff Garzik, (Sun Sep 16, 4:12 am)
Re: Wasting our Freedom, J.C. Roberts, (Sun Sep 16, 5:17 am)
Re: Wasting our Freedom, Theodore Tso, (Sun Sep 16, 4:33 pm)
Re: Wasting our Freedom, Daniel Hazelton, (Sun Sep 16, 11:23 am)
Re: Wasting our Freedom, Jeff Garzik, (Sun Sep 16, 4:08 pm)
Re: Wasting our Freedom, J.C. Roberts, (Mon Sep 17, 4:22 am)
Re: Wasting our Freedom, Adrian Bunk, (Mon Sep 17, 10:10 am)
Re: Wasting our Freedom, Krzysztof Halasa, (Mon Sep 17, 10:44 am)
Statement by SFLC (was Re: Wasting our Freedom), Eben Moglen, (Sun Sep 16, 9:17 am)
Re: Statement by SFLC (was Re: Wasting our Freedom), J.C. Roberts, (Sun Sep 16, 2:11 pm)
Re: Statement by SFLC (was Re: Wasting our Freedom), Lars Noodén, (Sun Sep 16, 10:24 am)
Re: Statement by SFLC (was Re: Wasting our Freedom), Marc Espie, (Sun Sep 16, 10:00 am)
Re: Statement by SFLC (was Re: Wasting our Freedom), Constantine A. Murenin, (Sun Sep 16, 10:42 am)
Re: Statement by SFLC (was Re: Wasting our Freedom), David H. Lynch Jr., (Sun Sep 16, 12:05 pm)
Re: Wasting our Freedom, Jeff Garzik, (Sun Sep 16, 5:33 am)
Re: Wasting our Freedom, Rene Herman, (Sun Sep 16, 4:29 am)
Re: Wasting our Freedom, Richard Stallman, (Sun Sep 16, 1:33 am)
Re: Wasting our Freedom, bofh, (Sat Sep 15, 9:42 am)
Re: Wasting our Freedom, Jason Dixon, (Sat Sep 15, 10:15 am)
Re: Wasting our Freedom, bofh, (Sat Sep 15, 7:41 pm)
Re: Wasting our Freedom, Daniel Ouellet, (Sat Sep 15, 10:57 pm)
Re: Wasting our Freedom, Jeremy Huiskamp, (Sun Sep 16, 1:12 am)
Re: Wasting our Freedom, Marco Peereboom, (Sat Sep 15, 10:15 pm)
Re: Wasting our Freedom, Jacob Meuser, (Sat Sep 15, 6:58 am)
Re: Wasting our Freedom, Dmitrij D. Czarkoff, (Fri Sep 14, 2:14 am)
Re: Wasting our Freedom, Rob, (Fri Sep 14, 2:13 pm)
Re: Wasting our Freedom, Jason Dixon, (Fri Sep 14, 2:35 pm)
Divide and conquer (was Re: Wasting our Freedom), Lars Noodén, (Fri Sep 14, 5:33 am)
Re: Wasting our Freedom (WAKE UP PEOPLE), Jason Dixon, (Fri Sep 14, 7:33 am)