[Fsfe-ie] IPRED2 draft 0.4

David O'Callaghan david.ocallaghan at cs.tcd.ie
Mon Aug 29 11:11:45 CEST 2005


Dé hAoine, 2005-08-26 ag 21:00 +0100, scríobh Ciaran O'Riordan:
> As with the issue of software patents, the USA provides us with
> excellent evidence of the danger as similar legislation was enacted
> there a number of years ago.  There, a failing company called SCO has
> accused IBM of violating their copyrights by mixing some SCO-owned
> software code into the kernel of the GNU/Linux operating system.  SCO
> claims that all users of GNU/Linux have to pay them licensing fees.

I think this is a case where we should drop the "GNU" and just write
"the Linux kernel", "all users of Linux", etc. SCO aren't, as far as I'm
aware, making any claims outside the scope of the kernel. 

> This case has been going on for years and many distributors of
> GNU/Linux have be dragged into it.  The Free Software Foundation,
> which holds to the copyright to the largest part of GNU/Linux, and

Perhaps "which holds the copyright to the GNU operating system tools"
There's a fine line between giving the FSF credit where it's due and
implying that they're responsible for the Linux kernel.

> 4. Harsh measures that are justified by possible danger to consumers
>    should be limited to cases where danger to consumers is possible -
>    e.g. imitation pharmaceuticals.

A very good point, although I'm sure manufacturers could make claims
such as: an imitation sweatshirt is more flammable than the real thing
or a pirated VHS tape will get stuck in your player...  so we might want
to say "where real danger to consumers is possible"

> 5. Measures justified by prevention of counterfeiting and "piracy"

It looks like we lost the end of this item...

> 6. Propaganda terms like referring to copying as "piracy" should not be part
>    of EU legislation and continues the confusion between stealing and
>    copying.

I quite agree, but the term "piracy" has been used in this sense for
over two hundred years, if the OED is correct. I think we should suggest
"unauthorised copying" or a similarly neutral term.


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