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Re: [ox-en] Re: usage of software and the CGPL

Mako and George

lots of snipping but a simple question

why do yout hink the CGPL is unenforceable and the GPL is?

where is the "legal roof" that either are enforceable or unenforceable?

It seems to me (and I have said it before maybe) that "ethics" may in fact be enforceable via the law of equity and hat this is a better way to go than using "property"

But Can you help me with the enforceability question???? I suspect niether are enforceable as contracts (or if you insiste licences)

And why do we even bother with questions of encforceability if we are the germ of a new society that doesnt care about who uses our stuff????

In this regard I see the tendency of the CGPL a good thing.....

still hanging around and "off topic"


Benj. Mako Hill wrote:

BTW: Both your quotin

George Dafermos wrote:
We need enforceable ethics, but this enforceability need not
necessarily stem from the current legal system, which is partly
rotten, unethical, and many of its aspects are bound to collapse;
ethics is not a question that legal systems should decide- and the
CGPL is a p2p agreement among autonomous people who value
community to be ethical.

I think I'm going to change my position a little bit. I'm not sure we
really *do* need enforceable ethics. I'm happy with unenforceable
ethics. In fact, I think they may be only really good way of creating
them -- perhaps of creating them at all. The CGPL is flawed because
it's combines otherwise enforceable qualities with unenforceable
ones. The more simple, otherwise enforceable "free software" style
rights are vulnerable to attacks on the bits you admit (openly on
public mailing lists) are unenforceable!

I don't understand this. If you *know* it's unenforceable under
the current legal system and are instead depending on the
agreements of individuals, why would you attempt to codify this in
*legal* terms within a *legal* license?

We will however need to give it another thought from this vantage
point which i must admit i had not considered till now. If the CGPL
harms in any way the GNU GPL by undermining the latter's
enforceability, then we will have to re-think the raison d'etre of
the CGPL, since we all feel strongly about the GPL, seeing it as the
cornerstone of digital freedom. I will bring this to the attention
of the other members of the CGPL.

Thanks! This was a lot more than I expected. :)


"the riddle which man must solve, he can only solve in being, in being what he is and not something else...."

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Thread: oxenT02440 Message: 6/10 L3 [In index]
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