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From Henri Yandell <bay...@generationjava.com>
Subject Re: LGPL and "the Hibernate clause".
Date Mon, 24 Jan 2005 20:07:22 GMT


On Mon, 24 Jan 2005, Niclas Hedhman wrote:

> On Monday 24 January 2005 05:03, Henri Yandell wrote:
>
>> Been a week, pinging for the next step on this :)
>
> I have always thought that the LGPL and GPL can be contested by someone other
> than the licensor, i.e. that EntityA can contest in court whether EntityB
> complies with EntityC's LGPL license, and the rationale would be that "Joe
> Hacker" would never be able to challenge, let's say, SCO in court, but for
> instance IBM could.

No idea. I assume our legal counsel would be aware of this if true.

> Adding to this swamp, is then that ultimately it doesn't matter what anyone
> says, except the Judge, where ever it is presented to the court.

That holds for all legal things doesn't it? We get legal advice so a 
lawyer can offer their qualified opinion, perhaps backed up with various 
previous examples.

> Personally, I also believe that ASF has no real effect in protecting the user
> from a predatory company. The best that ASF has done so far is to provide a
> large set of people with a 'known playing field', which seems safe enough to
> play on.

The user? If you mean developers, then afaik ASF members and PMC members 
would be defended by the ASF lawyers if the ASF agreed with the defendant 
(ie) upload windows source code into ASF and they're unlikely to protect 
:) ). Otherwise, the ASF doesn't exist to protect user's from predatory 
companies, except in terms of remaining open etc.

<snip> ....

> So, from my perspective, only 2 scenarios would satisfy me, to distribute ASF
> code "linked" to Hibernate;
>
> 1. FSF makes an amendment to the LGPL where FSF outlines how a compatible
> linking can be made, which Hibernate accepts as their new license.

This is a legal question. Whether Hibernate can or cannot define their own 
terms or interpretation on top of the FSF licence. Our lawyers are saying 
they can (reading into the fact that the exception came from Brian and 
them).

Hen

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