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Legal reasons why MS Novell Pact will be null and void

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Fred Grott

Posts: 4361
Nickname: shareme
Registered: Jan, 2003

Fred Grott is Lead Developer-CEO of ShareMe Technologies LLC -The Mobile Future
Legal reasons why MS Novell Pact will be null and void Posted: Dec 3, 2006 8:02 AM
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Folks like Maureen O'Gara believe its the GPL that prevents bad license deals like MS and Novell. Unfortunately, she did not do her journalistic duty and find out why its somewhat not legally valid. In plain English, if its is illegal to put such a license on top of the MS EULA by a 3rd party than it is certainly illegal for MS and Novell to as well. Fro the legal explanation see this Groklaw post.

So what is the purpose of the recent Sys-Con set of FUD originated by MOG? The MS purpose is to destroy the brand value of the GPL by fear, uncertainty, and doubt as no judge will uphold the license under threat of appeal. The whole reason why GPLv3 draft is undergoing another rewrite is that to make sure those legal protections are in the license in explicit form so that one does not have to constantly go to the courts to have yoru rights to freedom enforced.

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