Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

>Only if you want to maximize use of open source software in general and/or that specific open source project.

>Like another poster said, why use GPL if you don't actually care that companies are violating the terms.

Both of these are wrong according to Linux/GregKH. They both very deeply care about both those things and argue very convincingly that you get more of both of them by their strategy than with lawsuits. They cite very specific cases of that both in the kernel and in BusyBox, and the fact that the lawsuit was lost is further support of their argument.



I don't think you understand. From the perspective of a pro-lawsuit person, there can only be upside. If they lose the lawsuit, it's the same effectively as the status quo. The company will continue abusing your contribution. But if you win, you win. Similarly, if you scare off people that are not interested in open source values (ie. they're using open source only b/c people have convinced them that in practice it's better b/c they can offload maintenance of their code to the project), that's basically fine too.


That's only true if your only options are a lawsuit or sitting on your hands. Linus and Greg explain how they do a bunch of other stuff that ends up actually working. So that's a false dichotomy.

And it's not even true that there's no downside to losing. You may get a precedent settled that actually invalidates enforcing the license. Then you've screwed up your own enforcement and everyone else's.


> You may get a precedent settled that actually invalidates enforcing the license.

Which means the license is unenforcible and a new legally enforceable license is needed.

> Then you've screwed up your own enforcement and everyone else's

Nope, they would have been screwed already, they just didn’t know it yet. And fewer future people would end up screwed as new licenses would be created in the aftermath.

Untested enforceability is not better than tested and confirmed un-enforceability.

Or to use an absurd example in an even more absurd context, it’s better to open the box and know your cat is dead than to leave the box closed and believe it might still be alive.

(EDIT: I was wrong)


>Untested enforceability is not better than tested and confirmed un-enforceability.

This is addressed by Linus directly and it's simply not true. That the license can be enforced without testing in court is evidenced by the fact that they are being able to enforce it without lawsuits. If you get a legal precedent that somehow says the opposite you are now deeply screwed. Courts are fickle beasts. You now get to spend a bunch of time/money trying to reverse that, or even worse, launch the worlds largest open-source relicensing effort. For the kernel that's basically impossible. You'd basically destroy copyleft completely.


You're right, I hadn't considered the potential ramifications for the Linux kernel specifically, and how variably educated court judges can actually be.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: