On Tuesday 07 November 2006 23:44, Marcel Mourguiart wrote:
> 2006/11/7, Adrian Schröter <adrian@suse.de>:
> > Two weeks of vacation and now such big inbox ;)
> >
> > Am Saturday 04 November 2006 14:01 schrieb Pascal Bleser:
> > ...
> >
> > > The fact that Novell might violate the GPL if there is an IP litigation
> > > case against other Linux businesses ( e.g. Redhat) and if MS wins that
> > > litigation case in court, it would mean that e.g. Redhat would be
> > > condemned, but not Novell.
> > > This is a pretty hypothetical theory, as there hasn't been any
> > > successful IP litigation claim against the Linux kernel or other
> > > opensource projects until now (that's what SCO tried to do).
> >
> > Just to clarify this (as a non-lawyer without official opinion ;):
> >
> > 1. It is right that it is not allowed to limit the rights of GPL
> >    software via patents (or in any other ways).
> >
> > 2. It is right that this can't get workarounded by such an agreement.
> >
> > But consequence is that no one (neither Novell or MS or someone else) is
> > allowed to put software under GPL, if the software is protected by other
> > rules (like a patent). It can not be shipped by anyone in a legal way
> > under
> > this license, even not by the original author.
>
> Let me see if i understand your logic.
>
> Tomorrow, Microsoft sue Pepino Linux because according to MS, they use
> software with MS patents, like Samba or any other crazy patent they have.
> According to you, Pepino software can't distribute GPL software any more ?
>
> If Pepino Linux decide to make an agreement with Microsoft and go to clean
> MS bathrooms every saturday in exchange MS agree to retired the sue, that's
> mean Pepino Linux can't distribute GPL software any more, because the
> agreement is only for Pepino Linux ?
>
> Know according to you, if Pepino Linux before the sue make an agreement
> with Microsoft, that says they are not going to get sue it by Microsoft
> because patents, that's mean they can't distribute GPL software anymore ?
>
> Is this mean SUN can't distribute GPL software any more ??
>
> And if the GPL software that Pepino Linux and SUN distribute are protected
> _by MS patents_ and that's mean they can't distribute that's software with
> the GPL license, that's mean Onion Linux can do it ?
>
> Sorry for my bad english, is maybe that, but all this sound like a lot bull
> shit FUD

Definitely it is because of your english. You should probably read Adrian
e-mail again.