Linux contributors get new rules

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Still don't get publishing, eh?

>> As people like to point out, the issuer of open source software does not surrender control.

They haven't surrendered /copyright/. That's not the same thing. The chemist hasn't surrendered copyright, either, but can't control what people do with the published work. Likewise, Linus can't dictate what people do with his writings that he's published.

>> Judge Motz ordered Microsoft to distribute Sun's Java with their products. [...] The contents of software products are subject to judicial edict.

Judge Motz didn't order all copies of Java to do this or that, which is what would illustrate your "The contents of software products are subject to judicial edict." The Court issued an order to a particular party of litigation before it. The Court has no authority over parties not before it. Good luck should that same court issue an order to all users of Linux.

>> We're dealing with a hypothetical ruling on a hypothetical situation here, but it seems most reasonable to believe that a Judge issuing an order having a certain effect on Linux would look for someone to receive the order and carry out its provisions.

Sure -- the Court could order Microsoft to stop incorporating GPL code into its products. The Court could also order Linus to remove a patch improperly submitted by an ex-Sun employee, and he would. Probably without being ordered to.

On the other hand, what gives you the idea that the Court could order Linus to compel some third party (me, for instance) to do something that Linus doesn't have the legal power to do in the first place?

>> That's the kind of control I'm talking about, over the product issued and also over who can use it.

That's a power that Linus doesn't have, and in fact that the Court doesn't have either. Due process, dear boy, means that the Court can't assert authority over parties not before it.

You still don't seem to get the concept of publication and freedom of the Press. Too young to remember before EULAs were taken for granted, maybe.

Posted by: Yagotta B. Kidding   Posted on: 05/24/04 You are currently: a Guest | Members login | Terms of Use

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