GPL - possible violation - what should I do?
Georg Jakob
jack at unix.sbg.ac.at
Wed Mar 20 18:08:43 UTC 2002
Hi,
On 20 Mar 2002, Claus Färber kindly wrote:
> Jan Wildeboer <jan.wildeboer at gmx.de> schrieb/wrote:
> > Interesting - Free software can violate antitrust laws? Can you
> > construct a theoretical example? Just curious :-)
>
> Consider this: Apache changes the licence to GPL. As Apache has a
> large market share, 3rd party vendors for WWW server solutions
> would have to make their products compatible with Apache.
>
> However, taken the GPL literally, they could not, for example,
> write a plugin like mod_fancy_shopping_solution and release that
> under a proprietary licence.
>
> So proprietary software vendors could not access that market,
> giving an competive advantage to Open Source software vendors.
>
*ROFL* Go and tell that Microsoft.
But let's get serious:
1.) Having a monopoly is perfectly legal. Using this monopoly for your own
good is perfectly legal, too. But: It is not legal to use a monoploy in
illegal way (this principle is true for Europe and the US, even if the
law is differing a lot). So: Changing a license is OK, telling Apple you only
will continue support your Office-Suite for their OS when they change their
default Internet Browser (which MS did) is not.
2.) Acting for profit on a market is an essential precondition for
Antitrust Law to be applied. In the case of the Apache Group, I strongly
doubt if they can be seen as a company. (Besides that you can't even sue
them. Legally, the Apache Group doesn't exist.)
3.) Changing the license from one version to another is perfectly legal
(if the License itself is not illegal, but that's another story). It is a
general principle in all western Civil Laws that you can choose the
conditions under which you agree to a contract. It is called Economic
Autonomy of the Individual (Privatautonomie).
4.) The License of programs already published can not be changed (well,
in some countries yes, but only under *very* limited circumstances). So,
as it already has been pointed out correctly, prior versions will be still
avail- and distributable as before. No need to sue anybody.
So: Please stop the FUD or provide more substantial legal reasoning. And
beware: IAAL.
;-)
--
kindest regards, jack at unix.sbg.ac.at
Georg Jakob http://www.users.sbg.ac.at/~jack
"After explaining the situation to the machine clearly with appropriate
use of a screwdriver and cleaning up I got the update to behave." (A. Cox)
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