[kwlug-disc] Microsoft Did Steal Open Source Code for USB/DVD Tool - SuperSite Blog

Lori Paniak ldpaniak at fourpisolutions.com
Sun Nov 15 15:21:31 EST 2009

It is unfortunate that, by breaching the GPL, MS (or anyone else) can
generate good-will.  If I breach a contract, I would expect to be asked
to pay damages of some sort.  Even if the breach does not result in
demonstrable financial damages (eg. loss of income), there is the
possibility of punitive damage.

Entities that violate the GPL should have to pay real monetary
penalties- if only to remind them not to do so again in the future.

On Sun, 2009-11-15 at 14:21 -0500, Bob Jonkman wrote:
> Of course, saying "Microsoft did steal Open Source Code" is a 
> mis-representation. Nothing was stolen. Microsoft violated the terms of 
> the GPL; a breach of contract.  And since adhering to the terms of the 
> contract would have cost Microsoft no more than breaching the terms of 
> the contract, it is difficult to determine what damages Microsoft might 
> have incurred.
> And now, releasing the source puts Microsoft back in compliance (at 
> almost no cost to them), and generates some good-will feelings.  If 
> they'd just opened the source in the first place they wouldn't have 
> received nearly the attention they did.  Free advertising!
> --Bob.
> Lori Paniak wrote:
> > Update: Get your GPL at the Microsoft Store!
> >
> > http://community.winsupersite.com/blogs/paul/archive/2009/11/13/rafael-is-vindicated-microsoft-did-steal-open-source-code-for-usb-dvd-tool.aspx
> >   
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