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An aside on GPL vs Aristic and the courts [was: Is PERLIO operational or still 'experimental'?]

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pagaltzis at gmx

Aug 4, 2012, 8:14 AM

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An aside on GPL vs Aristic and the courts [was: Is PERLIO operational or still 'experimental'?]

* Nicholas Clark <nick [at] ccl4> [2012-07-26 15:15]:
> (And the irony is that in the US, the Artistic License has stood up to
> attack in court, whereas the GPL has yet to be tested. IIRC)

The FSF’s answer on this point, of course, is that the GPL has been
tested countless times *before* court and every would-be violator has
chosen to settle without a trial. Which presumably demonstrates that the
GPL is so watertight and compliance with it so relatively non-onerous
that no would-be perpetrator is interested in letting the matter go to
the courts.

It could then be argued that the fact that the Artistic License has
stood up in court – read: has had to stand up in court, i.e. it has been
part of a dispute that managed to last long enough for a court to have
to rule on it, means that it is the weaker licence.

Which only makes for a richer, multidirectional flavour of irony.

Regards,
--
Aristotle Pagaltzis // <http://plasmasturm.org/>

b2gills at gmail

Aug 5, 2012, 9:33 AM

Post #2 of 2 (37 views)
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Re: An aside on GPL vs Aristic and the courts [was: Is PERLIO operational or still 'experimental'?] [In reply to]

On Sat, Aug 4, 2012 at 10:14 AM, Aristotle Pagaltzis <pagaltzis [at] gmx> wrote:
> * Nicholas Clark <nick [at] ccl4> [2012-07-26 15:15]:
>> (And the irony is that in the US, the Artistic License has stood up to
>> attack in court, whereas the GPL has yet to be tested. IIRC)
>
> The FSF’s answer on this point, of course, is that the GPL has been
> tested countless times *before* court and every would-be violator has
> chosen to settle without a trial. Which presumably demonstrates that the
> GPL is so watertight and compliance with it so relatively non-onerous
> that no would-be perpetrator is interested in letting the matter go to
> the courts.
>
> It could then be argued that the fact that the Artistic License has
> stood up in court – read: has had to stand up in court, i.e. it has been
> part of a dispute that managed to last long enough for a court to have
> to rule on it, means that it is the weaker licence.

Except in that case, the person that was arguing against it would have
probably fought **any and all** licenses.

http://jmri.sourceforge.net/k/History.shtml
http://en.wikipedia.org/wiki/Jacobsen_v._Katzer

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