Re: Pending Litigation

[Nicolas Roard]

On 2003-08-29 01:28:19 +0000 Yen-Ju Chen <yjchenx@hotmail.com> wrote:

> (L)GPL is challenged by SCO, and if FSF own GNUstep,
> FSF must study the legel issue already.
> If that's the case, GNUstep don't need to worry about the law suit filed by 
> John Anderson.

?

> >    From my personal view, it is nice to have a protection from the court
> that GNUstep is not violate Apple's copyright, IP, or whatever.
> Otherwise, I think this question will be asked once for a while.
> The freedom of using GNUstep should not base on "not waking the sleep dog".
>
> That's my peronal opinion.

It's not about "not waking the sleep dog" but it's about unnecessary lawsuit.
Frankly, I don't see on what grounds Apple could sue GNUstep -- we don't 
distribute Apple's materials (docs or headers), everythink is clean 
implementation.
Seems totally legal to me, even according to the weird US laws.
The situation is simple : according to everyone, GNUstep seems perfectly clean 
on a legal basis. If Apple doesn't agree, well, they could
sue the project, and we'll see. But it's not the case, and Apple is aware
of the project existence since a pretty long time, isn't it ?

"preventive strikes" doesn't exist in copyright law as far as I know :-)
If GNUstep is infringing on Apple rights, well, it's to Apple to sue us, not
us to sue Apple :-)

This is turning completely insane.

> PS. If he really files the lawsuit, I guess GNUstep will get a lot of 
> publicity. :D

Sure... But on *what grounds* could he sue Apple ? It doesn't seems that
Apple is trying to shut down GNUstep, so what's the damage ? and
what's HIS damages ??

And of course, anyway, who is this guy ? Does he holds a copyright on
GNUstep ? no... nor he is RMS's representative ...
He doesn't even seems to have any relations to the GNUstep project, so
how could he think he has the right to sue in the name of the project ?

All he is doing is creating a mess, and personally I don't like the way he
acts, whatever his intentions.

In fact, I see more a case for the FSF to sue him than for him to sue Apple :-)

--
Nicolas Roard <nicolas@roard.com> PGP : 
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