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bkuhn: @lxoliva,if you know jurisdictions where this sort of innovative !GPL...

@lxoliva,if you know jurisdictions where this sort of innovative !GPL enforcement by users is possible,I urge you to coordinate such. Cc me!

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lxoliva: @bkuhn I know CC.br lawyers defend the theory that this is possible

@bkuhn I know CC.br lawyers defend the theory that this is possible

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lxoliva: @bkuhn they defend the theory that, per .br law, GPL is a unilateral...

@bkuhn they defend the theory that, per .br law, GPL is a unilateral contract with a 3rd-party beneficiary that can demand the benefits

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lxoliva: @bkuhn that sounds nonsensical to me, for it 3rd party could sue...

@bkuhn that sounds nonsensical to me, for it 3rd party could sue licensee, then it wouldn't be a unilateral contract, but...

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lxoliva: @bkuhn ... they're lawyers and I'm not, and law doesn't have to make...

@bkuhn ... they're lawyers and I'm not, and law doesn't have to make sense to non-lawyers, right? :-) never tried in court AFAIK

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lxoliva: @bkuhn IIRC there was a case in France that got worldwide attention,...

@bkuhn IIRC there was a case in France that got worldwide attention, that downstream recipient managed to demand compliance from mitm

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lxoliva: @bkuhn it was this French case that got me thinking that the theory...

@bkuhn it was this French case that got me thinking that the theory might hold water in Roman (as opposed to Common Law) jurisdictions

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bkuhn: @lxoliva, sounds weird to me too. However, we should try it! Can you...

@lxoliva, sounds weird to me too. However, we should try it! Can you (a) find a !GPL violation in .br & (b) ask these folks to help enforce?

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lxoliva: @bkuhn but what I'm suggesting is an explicit grant of permission in...

@bkuhn but what I'm suggesting is an explicit grant of permission in GPL to demand compliance from upstream. why can't it be unilateral?

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bkuhn: @lxoliva, yes, that's #VNC enforcement !FSF.fr helped w/. But IIRC it...

@lxoliva, yes, that's #VNC enforcement !FSF.fr helped w/. But IIRC it relied on formal contract btw 2 parties re: disclosure of sw licenses.

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lxoliva: @bkuhn @pedroparanagua, would you guys like to help us try this...

@bkuhn @pedroparanagua, would you guys like to help us try this theory, described in the FGV report on the GPL prepared for ITI?

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bkuhn: @lxoliva,I understand idea. It doesn't work under USA © b/c it's not a...

@lxoliva,I understand idea. It doesn't work under USA © b/c it's not a right that © holder can grant to others via © license. (cc: @fontana)

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bkuhn: @pedroparanagua & @lxoliva, I'd love to work on this novel idea for...

@pedroparanagua& @lxoliva, I'd love to work on this novel idea for .br !GPL enforcement. Send me email if you're interested & we'll discuss

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lxoliva: @bkuhn are patent licenses rights that a © holder can grant to...

@bkuhn are patent licenses rights that a © holder can grant to others via © license?

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bkuhn: @lxoliva, #swpats licenses in !GPL are expressed as conditional...

@lxoliva, #swpats licenses in !GPL are expressed as conditional requirements one must fulfill to gain © permissions. That's why they work.

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bkuhn: @lxoliva, !GPL *could* say:"If you get notice from a user that you're...

@lxoliva, !GPL *could* say:"If you get notice from a user that you're out of compliance,you lose distribution right",but that's #problematic

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tedks: @bkuhn I've heard of copyright trolls with "enforcement rights" to...

@bkuhn I've heard of copyright trolls with "enforcement rights" to movies; could I give large numbers of people said rights to my software?

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bkuhn: @tedks, only way it works is if you form an org to be a !copyright...

@tedks, only way it works is if you form an org to be a !copyright enforcement agent. e.g., !Conservancy does this for !BusyBox re: !GPLv2.

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lxoliva: @bkuhn err, that's not how I understand GPLv3 section 11. initial ©...

@bkuhn err, that's not how I understand GPLv3 section 11. initial © holder fits “contributor” definition, thus grants patent license

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bkuhn: @lxoliva, well, indeed, the © holder is granting something along w/...

@lxoliva, well, indeed, the © holder is granting something along w/ the license, but only enforcement hook if they fail is usual !GPL ones.

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