3 ms·

So find me a lawyer (more than just a blog post) who have successfully contented against such a case. Did you watch the whole interview? His views has nothing

by pavs 16y ago

So find me a lawyer (more than just a blog post) who have successfully contented against such a case. Did you watch the whole interview? His views has nothing to do with laws, nothing to do with grey areas within the license (from my understanding GPL is very explicit about this); he basically said "I don't wanna do this because, I don't wanna do this." How can you rationalize with that?

slantyyz 16y ago
Look at the two links provided in one of my other comments pointing to perpetualbeta.com. That guy is an IP lawyer who provided some opinion that is not on the side of Wordpress. EDIT: Not many licenses have been challenged in court, including the GPL. Do you have any cases to cite in favor of GPL?
- pavs 16y ago
  http://www.google.com/search?source=ig&hl=en&rlz=&q=GPL+case&qscrl=1 http://www.google.com/search?source=ig&hl=en&rlz=&#3...
- slantyyz 16y ago
  From your search link, I don't see any results of cases where the infringement wasn't based primarily on redistribution of the original work. I don't think that Thesis is distributed with a copy of Wordpress. I definitely think it's a sketchier argument to make with a theme. Settlement of a case doesn't always mean that the defendant is going to lose either. It can also mean that the cost and distraction of a protracted suit makes it easier to swallow the cost of the settlement.
  - pavs 16y ago
    You are right they are different issues. Personally I would like to see Matt and FSF go after him and end the debate once and for all.
  - slantyyz 16y ago
    That would make for an interesting case, and if I'm not mistaken, the first real test case for the GPL.
- p_alexander 16y ago
  He isn't an IP lawyer. He's a real-estate foreclosure and bankruptcy lawyer. In his bio at the law firm he co-founded I can't find a mention of any IP-related expertise: http://ricardolaw.com/michael-alex-wasylik/ http://ricardolaw.com/michael-alex-wasylik/ Not to say that his argument couldn't fly, but I'm not sure I would give it that much credence either.
skitzzo 16y ago
Did you notice that Matt wasn't able to produce a lawyer who successfully contended that themes were derivative works? Sure the SFLC chimed in but what do you think their opinion would be given that they are the Software Freedom Law Center? While Chris may not have stuck on point about the gray areas within the license (it is FAR from explicit), that doesn't mean they don't still apply. And last I checked, we're still innocent until proven guilty in regards to the kinds of accusations Matt is making. Matt is the one with the burden of proof here, not Chris and Matt most certainly hasn't achieved the requisite level of proof IMO.

by pavs 16y ago

slantyyz 16y ago

Look at the two links provided in one of my other comments pointing to perpetualbeta.com. That guy is an IP lawyer who provided some opinion that is not on the side of Wordpress. EDIT: Not many licenses have been challenged in court, including the GPL. Do you have any cases to cite in favor of GPL?

pavs 16y ago
http://www.google.com/search?source=ig&hl=en&rlz=&q=GPL+case&qscrl=1 http://www.google.com/search?source=ig&hl=en&rlz=&#3...
slantyyz 16y ago
From your search link, I don't see any results of cases where the infringement wasn't based primarily on redistribution of the original work. I don't think that Thesis is distributed with a copy of Wordpress. I definitely think it's a sketchier argument to make with a theme. Settlement of a case doesn't always mean that the defendant is going to lose either. It can also mean that the cost and distraction of a protracted suit makes it easier to swallow the cost of the settlement.
- pavs 16y ago
  You are right they are different issues. Personally I would like to see Matt and FSF go after him and end the debate once and for all.
- slantyyz 16y ago
  That would make for an interesting case, and if I'm not mistaken, the first real test case for the GPL.
p_alexander 16y ago
He isn't an IP lawyer. He's a real-estate foreclosure and bankruptcy lawyer. In his bio at the law firm he co-founded I can't find a mention of any IP-related expertise: http://ricardolaw.com/michael-alex-wasylik/ http://ricardolaw.com/michael-alex-wasylik/ Not to say that his argument couldn't fly, but I'm not sure I would give it that much credence either.

skitzzo 16y ago

Did you notice that Matt wasn't able to produce a lawyer who successfully contended that themes were derivative works? Sure the SFLC chimed in but what do you think their opinion would be given that they are the Software Freedom Law Center? While Chris may not have stuck on point about the gray areas within the license (it is FAR from explicit), that doesn't mean they don't still apply. And last I checked, we're still innocent until proven guilty in regards to the kinds of accusations Matt is making. Matt is the one with the burden of proof here, not Chris and Matt most certainly hasn't achieved the requisite level of proof IMO.