# LANGUAGE translation of https://www.gnu.org/philosophy/sco/sco-preemption.html # Copyright (C) YEAR Free Software Foundation, Inc. # This file is distributed under the same license as the original article. # FIRST AUTHOR , YEAR. # #, fuzzy msgid "" msgstr "" "Project-Id-Version: sco-preemption.html\n" "POT-Creation-Date: 2021-10-03 08:55+0000\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" "Language: \n" "MIME-Version: 1.0\n" "Content-Type: text/plain; charset=CHARSET\n" "Content-Transfer-Encoding: 8bit\n" #. type: Content of: msgid "" "SCO Scuttles Sense, Claiming GPL Invalidity - GNU Project - Free Software " "Foundation" msgstr "" #. type: Content of: <div><h2> msgid "SCO Scuttles Sense, Claiming GPL Invalidity" msgstr "" #. type: Content of: <div><address> msgid "by Eben Moglen <a href=\"#moglen\"><sup>[*]</sup></a>" msgstr "" #. type: Content of: <div><p> msgid "<i>Monday 18 August 2003</i>" msgstr "" #. type: Content of: <div><p> msgid "" "Now that the tide has turned, and SCO is facing the dissolution of its legal " "position, claiming to “enforce its intellectual property rights” " "while actually massively infringing the rights of others, the company and " "its lawyers have jettisoned even the appearance of legal responsibility. " "Last week's Wall Street Journal carried statements by Mark Heise, outside " "counsel for SCO, challenging the “legality” of the Free Software " "Foundation's GNU General Public License (GPL). The GPL both protects " "against the baseless claims made by SCO for license fees to be paid by users " "of free software, and also prohibits SCO from its ongoing distribution of " "the Linux kernel, a distribution which infringes the copyrights of thousands " "of contributors to the kernel throughout the world. As IBM's recently-filed " "counterclaim for copyright infringement and violation of the GPL shows, the " "GPL is the bulwark of the community's legal defense against SCO's " "misbehavior. So naturally, one would expect SCO to bring forward the best " "possible arguments against the GPL and its application to the current " "situation. But there aren't any best arguments; there aren't even any good " "arguments, and what SCO's lawyer actually said was arrant, unprofessional " "nonsense." msgstr "" #. type: Content of: <div><p> msgid "" "According to the Journal, Mr Heise announced that SCO would challenge the " "GPL's “legality” on the ground that the GPL permits licensees to " "make unlimited copies of programs it covers, while copyright law only allows " "a single copy to be made. The GPL, the Journal quoted Mr Heise as saying, " "“is preempted by federal copyright law.”" msgstr "" #. type: Content of: <div><p> msgid "" "This argument is frivolous, by which I mean that it would be a violation of " "professional obligation for Mr Heise or any other lawyer to submit it to a " "court. If it were true, no copyright license could permit the licensee to " "make multiple copies of the licensed program. That would make not just the " "GPL “illegal.” Mr Heise's supposed theory would also invalidate " "the BSD, Apache, AFL, OSL, MIT/X11, and all other free software licenses. " "It would invalidate the Microsoft Shared Source license. It would also " "eliminate Microsoft's method for the distribution of the Windows operating " "system, which is pre-loaded by hard drive manufacturers onto disk drives " "they deliver by the hundreds of thousands to PC manufacturers. The licenses " "under which the disk drive and PC manufacturers make multiple copies of " "Microsoft's OS would also, according to Mr Heise, violate the law. Redmond " "will be surprised." msgstr "" #. type: Content of: <div><p> msgid "" "Of course, Mr Heise's statement is nothing but moonshine, based on an " "intentional misreading of the Copyright Act that would fail on any law " "school copyright examination. Mr Heise is referring to section 117 of the " "US Copyright Act, which is entitled “Limitation on exclusive rights: " "computer programs,” and which provides that:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "(a) Notwithstanding the provisions of section 106, it is not an infringement " "for the owner of a copy of a computer program to make or authorize the " "making of another copy or adaptation of that computer program provided:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "(1) that such a new copy or adaptation is created as an essential step in " "the utilization of the computer program in conjunction with a machine and " "that it is used in no other manner, or" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "(2) that such new copy or adaptation is for archival purposes only and that " "all archival copies are destroyed in the event that continued possession of " "the computer program should cease to be rightful." msgstr "" #. type: Content of: <div><p> msgid "" "As the language makes absolutely clear, section 117 says that although the " "Act generally prohibits making any copy of a copyrighted work without " "license, in the case of computer programs one can both make and even alter " "the work for certain purposes <em>without any license at all</em>. The " "claim that this provision sets a limit on what copyright owners may permit " "through licensing their exclusive right is utterly bogus. It has no support " "in statutory language, legislative history, case law, or the constitutional " "policy that lies behind the copyright system. Were this argument actually " "presented to a court it would certainly fail." msgstr "" #. type: Content of: <div><p> msgid "" "The release of this astounding statement is actually good news for " "developers and users of free software. It shows that SCO has no defense " "whatever against the GPL; already it has resorted to nonsense to give " "investors the impression that it can evade the inevitable day of reckoning. " "Far from marking the beginning of a significant threat to the vitality of " "the GPL, the day SCO scuttled sense altogether confirmed the strength of the " "GPL, and its importance in protecting freedom." msgstr "" #. type: Content of: <div><div><p> msgid "" "[*] Eben Moglen is professor of law at Columbia University Law School. He " "serves without fee as General Counsel of the Free Software Foundation." msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes. #. type: Content of: <div> msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*" msgstr "" #. type: Content of: <div><div><p> msgid "" "Please send general FSF & GNU inquiries to <a " "href=\"mailto:gnu@gnu.org\"><gnu@gnu.org></a>. There are also <a " "href=\"/contact/\">other ways to contact</a> the FSF. Broken links and " "other corrections or suggestions can be sent to <a " "href=\"mailto:webmasters@gnu.org\"><webmasters@gnu.org></a>." msgstr "" #. TRANSLATORS: Ignore the original text in this paragraph, #. replace it with the translation of these two: # #. We work hard and do our best to provide accurate, good quality #. translations. However, we are not exempt from imperfection. #. Please send your comments and general suggestions in this regard #. to <a href="mailto:web-translators@gnu.org"> # #. <web-translators@gnu.org></a>.</p> # #. <p>For information on coordinating and contributing translations of #. our web pages, see <a #. href="/server/standards/README.translations.html">Translations #. README</a>. #. type: Content of: <div><div><p> msgid "" "Please see the <a " "href=\"/server/standards/README.translations.html\">Translations README</a> " "for information on coordinating and contributing translations of this " "article." msgstr "" #. type: Content of: <div><p> msgid "Copyright © 2003 Eben Moglen" msgstr "" #. type: Content of: <div><p> msgid "" "Verbatim copying of this article is permitted in any medium, provided this " "notice is preserved." msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't want credits. #. type: Content of: <div><div> msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*" msgstr "" #. timestamp start #. type: Content of: <div><p> msgid "Updated:" msgstr ""