RE: GPLv3

["Dave Korn" <dave.korn@artimi.com>]

On 03 July 2007 00:53, Yaakov (Cygwin Ports) wrote:

[ Thread TITTLL'd.  CC'ing you just once to let you know. ]

> While wrt GPLv3 software I agree that this is purely hypothetical and
> certainly soon to be moot (when OSI certifies GPLv3), one could conceive
> another case which would be relevant and possibly damaging to RH:
> 
> 1) 3PP distributes clearly non-FOSS software depending on Cygwin (either
> w/o Cygwin itself or with Cygwin and sources).
> 
> 2) RH sues 3PP for violation of Cygwin license.
> 
> 3) Defendant successfully argues that "complies with" != "certified",
> and continues with elaborate explanation how his license supposedly
> complies with OSI definition.
> 
> 4) Court (or, worse yet, uneducated, uninformed, layman jury) falls for
> defendant's hot air.
> 
> While I'm certain RH has excellent lawyers and this argument would be
> well fought, this "subjective judgement", as you put it, could make this
> problematic, or just unnecessary difficult (and expensive) at best.

  Of course, this is a general legal principle: if it comes to court, everyone
has lost already (except the lawyers).  But the generic principles of contract
law are fairly clear: as long as RH aren't irrational or wildly unreasonable
in their decision on whether or not it 'complies', it's up to them and their
definition, because they're the people you're in contract with.

  I've worked in computer games in the past.  The contract always comes with a
clause that allows the publisher to reject the game if it is not up to a
'satisfactory' standard, or to demand fixes and improvements without extra
payment.  The judgement of what is 'satisfactory' is, to a very great degree,
whatever the publishers say does or does not satisfy them; unless they are
hugely and blatantly unreasonable, the court will let them set their own
standards, because those are the standards you agreed to when you signed up to
the contract.

    cheers,
      DaveK
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