[MPlayer-dev-eng] Re: KiSS of copyright

Salvatore Falco sfalco at studenti.ing.uniroma1.it
Tue Mar 16 10:20:08 CET 2004


> Message: 7
> Date: Tue, 16 Mar 2004 05:11:19 +0100
> From: Diego Biurrun <diego at biurrun.de>
> Subject: Re: [MPlayer-dev-eng] KiSS of copyright
> To: mplayer-dev-eng at mplayerhq.hu
> Message-ID: <E1B35vD-0002Zg-9G at biurrun.de>
[cut]
> 
>  > > Anyway, the worst thing we can do now is splinter and send different
>  > > demands to KISS all on our own.  We need to stand united in this
>  > > affair.  In order to achieve this we have to agree upon a _common_ set
>  > > of goals.
>  > 
>  > If so, these goals must be the correct ones (in light of the GPL) and
>  > the _strongest_ goals demanded by _any_ copyright holder whose code
>  > might have been stolen, not the weakest possible demands (like Gabu
>  > wants).
> 
> I disagree.  We should find a consent.  Whatever this consent is has
> to be worked out, although it is pretty clear by now that it will most
> probably not be Gabucino's position.
> 
>  > > next step.  Is there some way for us to reach a settlement with them?
>  > > What should it look like?  Do we insist on forcing them to release
>  > > (parts of) their code?
>  > 
>  > Of course. ALL of it.
> 
> IIUC they are bound by some contracts and cannot release all of their
> source.  Dunno which license wins in this case, that's something to
> ask a lawyer.  We might still force them to release parts of it.  If
> they have signed some contracts that forbid them to release source,
> that should be one more reason not to steal GPL code, IOW it's their
> problem, not ours.

    Let me explain my postion. I do not want KiSS to go bankrupt or to break
NDAs with others, but MPlayer is released under GPL and they _must_ comply with
it. When they took the code, they knew it was under GPL, but choose to ignore it:
no revenge or anything, but their NDAs and their proprietary code have the same value
as our GPL; if they can't comply with all of them, it is their fault.

> Gabu, we caught them red-handed.  It's probably difficult to find a
> clearer case of copyright infringement on free software, is there?  We
> are in a _very_ strong position for negotiating, no need to give in so
> quickly.

    I agree here.

>  > > Did you consult any FSF member requesting legal advice? I suppose FSF have
>  > > been at least warned.
>  > Fantom Software Foundation?
> 
> It would be really nice if you could refrain from constantly treating
> other people differently than you want to be treated yourself.

    Furthermore, if the FSF is the only way to make our rights respected, everyone
should back off their personal judgments on them.

-- 
	Best regards, Salvatore Falco




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