Wine license change

Brett Glass brett at
Tue Feb 12 18:44:26 CST 2002

At 03:56 PM 2/12/2002, Steve Langasek wrote:

>Eben Moglen has expounded on this point quite persuasively in the past.
>Whatever flaws the xGPL licenses might have, I assure you that
>unenforcability is not among them.

Actually, they may well be unenforceable. The only way in which
they have ever been "enforced" is via threats of lawsuits; no
court has ever ruled on the issue. 

And there are some very good arguments for the proposition that
the FSF licenses are unenforceable. Among other things, there
are arguments that the recitals are deceptive; that the licenses
are contracts to make contracts; that consideration is not 
reasonable and/or cannot be determined; and that certain portions
are vague or ambiguous. 

>As someone who gave his assent (however insignificant) to the current Wine
>license, *I* do not use the word "steal" to refer to the actions of such

You're right. They most certainly are NOT stealing. They are, in
fact, making better use of what they have been given than pure end
users, who produce nothing of greater value from the code.

--Brett Glass

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