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FSF to be deposed in SFC vs. Vizio, updates relevant FAQ entry (fsf.org)
58 points by todsacerdoti 66 days ago | hide | past | favorite | 12 comments



Hilarious.

> Vizio has argued that SFC cannot enforce a request for source code if it does not hold copyright to the underlying software.

The FAQ previously stated

> Since the GPL is a copyright license, the copyright holders of the software are the ones who have the power to enforce the GPL. If you see a violation of the GPL, you should inform the developers of the GPL-covered software involved. They either are the copyright holders, or are connected with the copyright holders. Learn more about reporting GPL violations.

And now it states

> Since the GPL is a copyright license, it can be enforced by the copyright holders of the software. If you see a violation of the GPL, you should inform the developers of the GPL-covered software involved. They either are the copyright holders, or are connected with the copyright holders. In addition, we encourage the use of any legal mechanism available to users for obtaining complete and corresponding source code, as is their right, and enforcing full compliance with the GNU GPL. After all, we developed the GNU GPL to make software free for all its users.

So the only change in the first part is that

> the copyright holders of the software are the ones who have the power to enforce the GPL

became

> it can be enforced by the copyright holders of the software

which, obviously, no longer excludes other groups.


Even more fundamentally, a FAQ is not a legal document. The legal requirements are outlined in the license; end of story.


Having documentation of non-compliance due to this case, couldn't the copyright holders as a court to bar Visio from further use of the software in their products?


Copyright holders of popular GPL software are reluctant to sue people because it makes them look like bullies.


Not because it's expensive, risky, and time consuming?


Misplaced fear.


> In that spirit, we have updated the above FAQ to read as follows: [...] After all, we developed the GNU GPL to make software free for all its users.

After a particular small piece of the FSF's language was under close legal scrutiny, did they double-down on their use of "free" in the same piece?

Besides the confusion of "free" in promotions of their idea, isn't there now a new problem? "Your honor, I'm glad you asked that; by 'free' here, we mean something different than what everyone else has long meant in this context. ... Yes, we agree that it's confusing, but the confusion isn't a bug, but a feature: it's an opportunity to engage in dialogue, to explain that we mean something different than the normal reasonable person's interpretation of the plain language of what we said."


Does the GPL rely on the definition of free? I don't think it does.


Isn't the current discussion prompted by lawyers looking at everything the FSF says about that?


wait, do i get this right? visio is subpoenaing the FSF in order to have them confirm their interpretation of the FAQ and they expect that to work in their favor?


Maybe they're planning some "gotcha" questions to trick the FSF into saying the GPL is fake.


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