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by seoaeu 1505 days ago
> If I as a developer want to license my code a certain way (and enforce that license in a certain way) what authority do these lawyers have to tell me I'm "stupid".

This is like saying “If I want to write my code a certain way, what right do compiler authors and language designers have to tell me code contains ‘syntax errors’ and ‘obvious bugs’”. On some level you can write whatever code you want. But if you want it to work the way you intend, there’s some rules that have to be followed

2 comments

> If I want to write my code a certain way, what right do compiler authors and language designers have to tell me code contains ‘syntax errors’ and ‘obvious bugs’

That's not a reasonable comparison.

1. Licenses are fundamentally open to interpretation, programming languages have specifications. Yes, the specifications and compiler aren't perfect, however, code is designed to be specific. Legal agreements on the other hands are very intentionally the opposite. Legal agreements consciously avoid being overly specific in order to be broad and all encompassing. Legal agreements fundamentally have access to (and are evaluated with respect to) the concepts of "fair" and "reasonable"; which very intentionally have no strict definition. You need to argue your case.

2. More importantly, licenses are contracts. They're a civil matter (not criminal). Meaning the copyright holder can chose whether or not they want to enforce their license. That's a fundamental right of being a copyright holder. If you consciously don't enforce, you may lose the right to enforce (at least fully), but that is the license holder's call.

There's lots of ways that licenses can be objectively wrong. They can contain content that renders them invalid, or wording that legally means something different from what the author intended. A lawyer has the "right" to point out such flaws, and refusing to consult a lawyer won't make those flaws go away.

You are of course right about copyright holders being able to chose whether to enforce their license (at least if they were smart enough to use a license that will actually stand up in court!)

This type of positioning by the SFC is horrendous.

Why do I have to follow the SFC rules / interpretation (by the way very flawed) when I write my own code.

Seriously, what gives them this right over my code. I reject this, even if GPL licensed.

Of course, I get the argument you and they are trying to make. By releasing stuff with GPL software I may have written, I've somehow bound myself to release my decryption keys, unlock my devices etc etc. You are making my point for me, that is NOT what most authors of GPLv2 licensed code want or agree to. And just saying "because lawyers" doesn't make it so.

This is a good example of the hazards of involving lawyers I think. Wet becomes dry and dry becomes wet.

You (presumably) live in a country with rule-of-law. That means that if you are involved in a court case related to your GPL code, the legal system in your country will determine the outcome. Refusing to consult with lawyer in advance about what the outcome of such a legal proceeding will probably be, isn't going to improve your odds!

I have no clue whether whatever SFC has been claiming about the legal status of GPL is true or not (quite frankly, I haven't bothered even looking at what they're saying). But if the legal system's interpretation of GPLv2 doesn't match what most authors want or agree to, that sounds like precisely the kind of thing authors should want a lawyer to tell them, so they have a chance to switch to a different license.

The issue is the legal system has, to date, largely followed the understood intent of the GPLv2.

Consulting with the SFC does nothing to advance anything.

Harald Welte has had great success getting folks to release source code. However, he does not threaten commercial use of GPL software, no unlock keys / signing keys etc are needed.