The license behind Linux and other open source projects has never faced a determined legal attack, and although it purports to give real teeth to developers' wishes, there's been fear that a committed enemy may one day attempt to challenge its legal footing. Recently, the Software Freedom Law Center sued Verizon for copyright infringement related to a GPL violation. This week, Verizon opted to settle out of court. This victory gives the GPL some needed legal momentum that may fend off future challenges.
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Member since:2005-09-14
I was going to say this as well. On its own, this doesn't really validate the GPL in any way, all it really says is VZW decided that the cost of pursuing it in court would be greater than the cost of settling instead. This is relatively common, regardless of whether or not the legal claims in fact have any teeth.
Member since:1997-10-01
That's why I said "legal momentum" instead of "precedent." Perhaps victory is too strong a word, which should be reserved for an actual judgement by the court. But the GPL certainly prevailed in this case. And Verizon settling is going to make other GPL violators more likely to settle too.
Member since:2005-12-15
I really do not know how you can come to this conclusion. The GPL didn't 'win'. Another 'determined' entity in the future may in fact decide to go through the full legal process, at which point the GPL will be tested (again).
Some entities simply couldn't be bothered and want to put things like this behind them. That doesn't mean they were wrong, not even close.
Edited 2008-03-20 20:28 UTC
Member since:2006-01-19
Well, if you call establishing a 100% fulfillment of one's demands as "not winning", then the GPL - side did "not win".
As far as I can see, they got correctly compensated, because the modified code now is free, and they got an undisclosed amount of money.
I think in this case an out of court settlement is not a sign of weakness, but a sign of strength. The Verizon lawyers obviously told the Verizon execs, that winning this lawsuit was next to impossible, and the execs did the only rational thing - they fulfilled the demands.
Member since:
2005-11-10
This is not a legal victory.
A legal victory would be winning an injunction against Verzion, or in some way being correctly compensated for Verzion's /actions/.
An out of court settlement is a deferment - not a victory.
This has no precedent on GPL violations anywhere else.
*fessa-russah-fessin*