hgm wrote:Sorry, I am not a jurist at all, but I feel confident enough to challenge you on the highlighted quote. Most national laws respect agreements between individuals. And that is exactly what the GPL is: a very elaborate and precise agreement of what others are allowed to do with your code and what not. Without having to seek explicit authorization. The release under GPL is the authorization. You would be steamrollered in court...JuLieN wrote:But I'm a jurist and I teach law, so after what Fabien said there are now some things that bother me. And what GPL is is irrelevent according to most of national laws. And as Fabien is french I can testify that there are plenty of legal tools available to him. Some of them are probably in most western legal arsenals actually. One of them is called "parasitisme", and it punishes people who generate wealth out of someone else's work without his authorization. And this is just an example.
Sorry HGM, you are right, my fault : I didn't meant what I ended writing. What I meant was that the main concern wasn't the GPL but national laws. Maybe Rybka comply or doesn't comply with GPL, but as a jurist I wouldn't even consider that first, as I would instinctly have in mind much more handy juridic tools, like the ones I mentioned. Then, if even GPL can get involved in the case that would just be a bonus. Sorry if I was a bit clumsy in my first formulation. Of course GPL would stand before any tribunal, as it is a contract Fabien agreed with. (And Vas too, if it can be proven he borrowed code from a GPLed program).
EDIT: I am not a specialist at all of GPL... so if it states in the GPL that anybody can make money from the GPL code, then of course no parasistism action could be triggered, as Fabien would have agreed with that the day he GPLed his code. (But if Vas is proven having borrowed code or taken inspiration from a GPL-ed program, then it's my understanding that he too agree with the GPL's obligation to publish his modified version of the GPL code...)