Re: [LAD] Impro-Visor created on sourceforge

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To: <linux-audio-dev@...>
Date: Saturday, August 8, 2009 - 12:53 am

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Once again forgot to hit Reply-All.

On Fri, Aug 7, 2009 at 6:41 PM, Ralf Mardorf wrote:

> I'm not interested to take sides, I only want to learn about the GPL.

You are confusing Copyright and Trademark Law. Copyright law says that yes
they can fork the project.

Trademark Law however says that Miss B. is allowed to follow up legally to
prevent a trademark, which can be registered or unregistered, from being
confused by another similar trademark that might be confused with it. The
fact that the trademark is similar, and the product is similar, is doubly
damning in that case.

So while a fork is certainly allowed by copyright, the original owner is
completely within their rights to make sure that the fork is not in any way
confusing with the original product.

>

This is correct, so long as Miss B is distributing the code. The legal
process can mean that either Miss B either must cease distribution of the
product, or come into compliance with the GPL copyright. However that also
means that it is the choice of Miss B. and not of Miss R. to force the
second option.

> But again, Miss B. accepted the GPL, but while the nail polish needs to

This is much greyer area to tell the truth, and one I won't touch. But if
you look at the SFLC's cases in the past about the GPL, you will notice a
theme of them giving ample time to come into compliance with the terms of
the GPL before taking the product to court. However those are all slightly
different due to none of those products to my knowledge, being GPLd software
that wasn't already availiable form another source. So I suspect there will
be no final answer on this until a judge(Or more likely multiple) are forced
to answer it in a courtroom.

Seablade

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Once again forgot to hit Reply-All.On Fri, Aug 7, 2009 at 6:41=
PM, Ralf Mardorf <ralf.ma=
rdorf@alice-dsl.net
>wrote:> I'm not interested to tak=
e sides, I only want to learn about the GPL.

derstand the GPL,> Miss R. is allowed to fork a project with a simil=
ar name, similar function,> based on the open source code of Miss B.=
and if Miss B. had no time to open
cepted> the GPL, e.g. a mailing list for manicure software can witne=
ss this, than> Miss R. is allowed to decompile the software of Miss =
B.. Am I wrong?
You are confusing Copyright and Trademark Law. Copyright law says =
that yesthey can fork the project.Trademark Law however says th=
at Miss B. is allowed to follow up legally toprevent a trademark, which=
can be registered or unregistered, from being
confused by another similar trademark that might be confused with it. The<=
br>fact that the trademark is similar, and the product is similar, is doubl=
ydamning in that case.So while a fork is certainly allowed by c=
opyright, the original owner is
completely within their rights to make sure that the fork is not in any way=
confusing with the original product.>> If Miss B.=
would use GPL'd code and won't agree to the GPL, than Miss B. is
ware of> Miss B., because of copyright laws. Am I wrong?=
This is correct, so long as Miss B is distributing the code. The legal
process can mean that either Miss B either must cease distribution of theproduct, or come into compliance with the GPL copyright. However that al=
someans that it is the choice of Miss B. and not of Miss R. to force th=
e
second option.> But again, Miss B. accepted the GPL, but whi=
le the nail polish needs to> dry, she wasn't able to distribute =
the source code, she only had time to> distribute the binary. She wr=
ote exactly this to the manicure developers
uch. But ifyou look at the SFLC's cases in the past about the GPL,=
you will notice a
theme of them giving ample time to come into compliance with the terms ofthe GPL before taking the product to court. However those are all slight=
lydifferent due to none of those products to my knowledge, being GPLd s=
oftware
that wasn't already availiable form another source. So I suspect there=
willbe no final answer on this until a judge(Or more likely multiple) =
are forcedto answer it in a courtroom. Seablade

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Messages in current thread:
[LAD] Impro-Visor created on sourceforge, Robert Keller, (Mon Jul 27, 7:18 pm)
Re: [LAD] Impro-Visor created on sourceforge, Grammostola Rosea, (Tue Jul 28, 9:09 am)
Re: [LAD] Impro-Visor created on sourceforge, Grammostola Rosea, (Tue Jul 28, 10:20 am)
Re: [LAD] Impro-Visor created on sourceforge, Robert Keller, (Tue Jul 28, 9:30 am)
Re: [LAD] Impro-Visor created on sourceforge, Arnold Krille, (Tue Jul 28, 1:41 pm)
Re: [LAD] Impro-Visor created on sourceforge, Robert Keller, (Tue Jul 28, 5:18 pm)
Re: [LAD] Impro-Visor created on sourceforge, Grammostola Rosea, (Tue Jul 28, 5:59 pm)
Re: [LAD] Impro-Visor created on sourceforge, Robert Keller, (Wed Jul 29, 12:30 am)
Re: [LAD] Impro-Visor created on sourceforge, Grammostola Rosea, (Wed Jul 29, 10:54 am)
Re: [LAD] Impro-Visor created on sourceforge, Grammostola Rosea, (Wed Jul 29, 11:05 am)
Re: [LAD] Impro-Visor created on sourceforge, Grammostola Rosea, (Tue Jul 28, 10:59 pm)
Re: [LAD] Impro-Visor created on sourceforge, Simon Jenkins, (Wed Jul 29, 12:32 am)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 12:44 am)
Re: [LAD] Impro-Visor created on sourceforge, Simon Jenkins, (Thu Aug 6, 3:15 am)
Re: [LAD] Impro-Visor created on sourceforge, Simon Jenkins, (Wed Jul 29, 2:12 am)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 12:58 am)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 1:05 am)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Thu Aug 6, 1:18 am)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 12:59 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Thu Aug 6, 1:57 pm)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 5:06 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Thu Aug 6, 6:38 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Thu Aug 6, 10:10 pm)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Thu Aug 6, 7:39 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Thu Aug 6, 10:30 pm)
Re: [LAD] Impro-Visor created on sourceforge, Paul Davis, (Fri Aug 7, 10:51 am)
Re: [LAD] Impro-Visor created on sourceforge, Fons Adriaensen, (Fri Aug 7, 12:56 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Fri Aug 7, 1:06 pm)
Re: [LAD] Impro-Visor created on sourceforge, Fons Adriaensen, (Fri Aug 7, 2:07 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Fri Aug 7, 2:31 pm)
Re: [LAD] Impro-Visor created on sourceforge, Fons Adriaensen, (Fri Aug 7, 4:40 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Fri Aug 7, 5:02 pm)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Fri Aug 7, 9:07 pm)
Re: [LAD] Impro-Visor created on sourceforge, Robert Keller, (Fri Aug 7, 9:33 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Fri Aug 7, 11:26 pm)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Fri Aug 7, 9:46 pm)
Re: [LAD] Impro-Visor created on sourceforge, Fons Adriaensen, (Fri Aug 7, 11:11 pm)
Re: [LAD] Impro-Visor created on sourceforge, Jens M Andreasen, (Sat Aug 8, 12:24 am)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Fri Aug 7, 11:29 pm)
Re: [LAD] Impro-Visor created on sourceforge, Thomas Vecchione, (Sat Aug 8, 12:10 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 12:41 am)
Re: [LAD] Impro-Visor created on sourceforge, Thomas Vecchione, (Sat Aug 8, 12:53 am)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Sat Aug 8, 10:34 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 10:52 am)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Sat Aug 8, 11:15 am)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Sat Aug 8, 5:25 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Sat Aug 8, 5:59 pm)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Sat Aug 8, 6:18 pm)
[LAD] Licenses and copyright attribution (was Re: Impro-Viso..., Pedro Lopez-Cabanillas, (Sun Aug 9, 4:41 pm)
[LAD] [off-list] Re: Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 11:48 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 11:25 am)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Sat Aug 8, 12:05 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 1:15 am)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Sat Aug 8, 10:36 am)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Sat Aug 8, 1:18 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Sat Aug 8, 1:51 pm)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Sat Aug 8, 7:56 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 10:56 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 11:08 am)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Sat Aug 8, 12:06 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 11:16 am)
Re: [LAD] Impro-Visor created on sourceforge, Thomas Vecchione, (Sat Aug 8, 1:42 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Sat Aug 8, 8:32 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Fri Aug 7, 2:44 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Fri Aug 7, 2:28 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Fri Aug 7, 11:46 am)
Re: [LAD] Impro-Visor created on sourceforge, Simon Jenkins, (Fri Aug 7, 1:51 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Fri Aug 7, 2:46 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Fri Aug 7, 2:52 pm)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Fri Aug 7, 1:16 pm)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 6:53 pm)
Re: [LAD] Impro-Visor created on sourceforge, Simon Jenkins, (Thu Aug 6, 3:02 pm)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Thu Aug 6, 2:16 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Thu Aug 6, 2:33 pm)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Thu Aug 6, 2:37 pm)
Re: [LAD] Impro-Visor created on sourceforge, Raymond Martin, (Thu Aug 6, 2:55 pm)
Re: [LAD] Impro-Visor created on sourceforge, Frank Barknecht, (Thu Aug 6, 3:24 pm)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Wed Jul 29, 8:21 am)
Re: [LAD] Impro-Visor created on sourceforge, Thorsten Wilms, (Wed Jul 29, 12:30 pm)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Wed Jul 29, 12:20 pm)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 1:19 am)
Re: [LAD] Impro-Visor created on sourceforge, Arnout Engelen, (Wed Jul 29, 7:01 am)
Re: [LAD] Impro-Visor created on sourceforge, drew Roberts, (Thu Aug 6, 1:11 am)
Re: [LAD] Impro-Visor created on sourceforge, Chris Cannam, (Thu Aug 6, 7:51 am)
Re: [LAD] Impro-Visor created on sourceforge, Simon Jenkins, (Wed Jul 29, 2:39 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Tue Jul 28, 7:25 pm)
Re: [LAD] Impro-Visor created on sourceforge, David Robillard, (Tue Jul 28, 11:06 pm)
Re: [LAD] Impro-Visor created on sourceforge, David Robillard, (Wed Jul 29, 12:27 am)
Re: [LAD] Impro-Visor created on sourceforge, Paul Davis, (Tue Jul 28, 11:56 pm)
Re: [LAD] Impro-Visor created on sourceforge, Paul Davis, (Wed Jul 29, 12:48 am)
Re: [LAD] Impro-Visor created on sourceforge, Thorsten Wilms, (Tue Jul 28, 9:56 am)
Re: [LAD] Impro-Visor created on sourceforge, Ralf Mardorf, (Mon Jul 27, 7:40 pm)