ImageDisk project is canceled

Sean 'Captain Napalm' Conner spc at conman.org
Tue Dec 20 15:37:08 CST 2005


It was thus said that the Great Cameron Kaiser once stated:
> 
> >   Over time, be became aware that multiple companies in China were
> > downloading his webserver and embedding the software into commerical
> > products.  Since these companies did not negotiate an alternative license to
> > the GPL, they were then bound to the GPL license and my friend would have
> > been within his rights to buy a unit and demand the source code.  His
> > chances of actually *getting* said source code were nil.  The Chinese
> > companies don't care and it would have been prohibitively expensive for him
> > to sue.  Since his intent was to make money off the codebase (and he spent a
> > few years working on the software [3]---following the HTTP spec [4] isn't
> > easy and there are some rather interesting corner cases).  
> > 
> >   So what did he do?  The next release was no longer under the GPL.  You
> > want the code, you have to buy it [5].
> 
> This kind of thing is why I won't use the GPL.  In my case, I only care about
> free as in beer, and if I'm not making a buck off of my creation, neither
> should you. GPL doesn't prohibit this, and so it's unsuitable for my purposes.

  He felt he was safe with the GPL, in this case, since most embedded
systems link everything---the operating system, device drivers and
applications, into one large binary program, and as such, if an embedded
company used his GPLed version of the code, it would taint the rest of the
code and customers of the company could demand the source code to
everything.  That's why he was willing to license it under a non-GPL
license.

  I'm unaware of any other open source but non-commercial type license, but
you have to remember---the GPL was written not only by Stallman, but by a
lawyer that specializes in intellectual property [1], so it's strong enough
to stand up in court [2].

> On the other hand, it should also be pointed out that the Chinese crooks in
> this case probably wouldn't have cared what license it came over. Unethical
> people don't let a little thing like a license stand in their way.

  That is true.

  -spc (I've released stuff under the GPL, and if you can make money with
	my code ... more power to you ... I certainly haven't ... )

[1]	My friend spent about $5k getting a custom written license which
	stands a chance of holding up on court.

[2]	If the GPL as a license fails, then the case falls to a copyright
	infringement---a rather clever legal hack if I do say so myself.

[3]	(not included here)

[4]	(not included here)

[5]	(not included here)


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