Re: [tlug] GPL and Linux in Dvico Tivx

["Stephen J. Turnbull" <stephen@example.com>]

>>>>> "Edward" == Edward Middleton <edwardmiddleton@example.com> writes:

    Edward> Having had to work with binary kernel modules, they suck,
    Edward> and while Linus may chose not to prosecute their
    Edward> distributors he has not really gone out of his way to to
    Edward> help them.

That's irrelevant to the legal status of binary modules.

    Edward> From reasonably extensive reading of the lkml I don't
    Edward> think Linus ever made any amendments to the GPL.

Whether he did or not is not really in question.  He did, and
proprietary binary modules are easily found and openly distributed, by
law-abiding companies.

    >> Disclosure can never be compelled under US law.  It might be
    >> negotiated under threat of punitive damages, of course.

    Edward> Presumably this would be covered by Japanese law because
    Edward> it was being distributed in Japan.

I don't think so.  Copyright is an international property right,
protected by several treaties.  Not to mention that most countries'
courts will entertain suits by their nationals against foreign actors
in foreign countries that damage the property of their nationals.  So
I think that yes, Linus _could_ sue in Japan, but I don't think he's
restricted to that.  He can probably sue anywhere that is signatory to
the treaty.

I suppose the main question would be enforcing payment of damages and
cease-and-desist orders.  I have no idea about the former, but the
latter should be legally trivial (though possible expensive) once he's
won a suit in (eg) the U.S.

    Edward> Does anyone know the situation in Japan?

I doubt there are any jurisdictions where disclosure/open source
licensing can be compelled.  It's only a sensible solution in the
context of free software, which is far too new and minor a concept to
be driving legislation and common law yet.


-- 
School of Systems and Information Engineering http://turnbull.sk.tsukuba.ac.jp
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              ask what your business can "do for" free software.