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So you're implying that Oracle would use its standing as a Linux copyright holder to sue Canonical for violating the GPL by integrating the (Oracle copyrighted!
by bcantrill 11y ago
So you're implying that Oracle would use its standing as a Linux copyright holder to sue Canonical for violating the GPL by integrating the (Oracle copyrighted!) CDDL'd ZFS? On the one hand, I give points for the absurdity of the scenario -- and that it makes no sense would certainly not dissuade Oracle. But on the other hand, even this bizarre scenario is missing something that all of these litigation scenarios seem to lack: damages. James Bottomley explored this issue[1], and I continue to be amazed that others either ignore it or don't treat it explicitly, as it will be the first question that will be asked by any lawyer: where are the damages? I actually ask this earnestly: can those who fear litigation here at least take a swing at establishing the economic harm here?
[1] http://blog.hansenpartnership.com/are-gplv2-and-cddl-incompatible/ http://blog.hansenpartnership.com/are-gplv2-and-cddl-incompa...
- adamleventhal 11y agohttps://www.softwarefreedom.org/resources/2016/linux-kernel-cddl.html https://www.softwarefreedom.org/resources/2016/linux-kernel-... "Nominal statutory damages, divided among the thousands of copyright holders entitled to equal shares, scarcely lift the matter above the level of damnum absque injuria."
- foobarqux 11y agoCopyright holders don't need to establish economic harm, they control whether you can distribute the software at all.