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Re: [LUG] MS were in violation of the GPL

 

2009/7/29 tom <tompotts@xxxxxxxxxxxxxxxxxxxx>:
> http://www.theinquirer.net/inquirer/news/1495466/free-software-lawyers-microsoft-violated-gpl
> Their spinning is getting better tho...
>

..and news reporting is getting worse..

Microsoft created some driver software based on some GPL code and then
possibly sold that to customers who bought their Hyper-V product and
wanted to run Linux on/in it.

_If_ one of those specific customers requested the source for the GPL
derived code that they had received, and they did not receive it in a
timely manner (as per the provisions of the GPL) then they could of
course complain that there was a _potential_ breach of the GPL.

_If_ an author of GPL-licensed copyrighted code which was used in the
Hyper-V driver complained and successfully proved that their code was
in use and the source was not being distributed as per the license
_they_ set out, then they too could have cause to complain.

Cause for complaint does not directly equate to a GPL violation. The
gpl-violations < http://gpl-violations.org/ > group has in the past
complained to vendors of software and hardware products which ship
with GPL code, and informed them of their obligations. They are
usually given some level of grace before they are pilloried in the
media and LUG mailing lists.

Not in the case of Microsoft though, eh? They get charged with GPL
Violation by every Tom, Dick and Harry, the vast majority of which
have no legal right to the source for the code because they never
purchased a license for the Hyper-V driver in the first place, and
they have no code of their own in the driver.

Seems to me like some people might want to read the GPL and recall how
other companies (D-Link, Edimax, TomTom etc) have been treated in the
past, and treat Microsoft in the same way, or be accused of mass
hypocrisy.

Cheers,
Al.

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