20
01
2006
Linux Users May Be Breaking U.S. Securities Laws
The reasoning behind the headline “Linux Users May Be Breaking U.S. Securities Laws” is that those who violate the GPL have no right to use the software anymore. According to the “Sarbanes-Oxley Act” of 2002, companies need to “disclose ownership of intellectual property to their shareholders”. Thus if companies break the GPL, they also violate the SOA.
While this is true, we need to remember that:
- I am not a lawyer, but violating the GPL can only be done when redistributing GPL-Software. Mere users are not in danger.
- If you add GPL-software to your embedded devices and sell them, then you need to obey the GPL, or you are in danger.
- The same is true if you add software that is under a proprietary license to your embedded systems and bread that license. The GPL is a license you need to obey, just like the MS-EULA is a license you need to obey. Just imagine what would happen if you unrightly put MS-code into your devices and they found out!
If you are lying to your shareholders about who holds the rights the software you are selling, you are violating the SOA. - Why is it so surprising that violating the copyright can have dire consequences? People in the industry seem to have double-standards when they assume that stealing GPL-software has less consequences than stealing other software.
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