Isaac Clerencia writes: > Returning to the gpl, the same 15-year-old could, for example, > incorporate gpl'ed code into a proprietary product, and there'd be > no legal recourse. He could even sue the author of a gpl'ed > program for damages if the program misbehaves. The author would > probably win, but couldn't just use the gpl to get the case dismissed. > > It seems to me that the gpl fails to adequately address this kind > of loophole -- that is, in order to agree to the terms of the gpl > you must first be a legally competent person. Am I missing > something here? If so, I'd appreciate it if somebody could > explain how the gpl works to preclude this kind of situation. > If not, maybe the gpl needs a little paragraph, something like > mine, to address the issue.
The missing part is that the GPL is not a contract. Laws obviously apply to minors even without contracts in place. A minor can be prosecuted for copyright infringement. A properly barred lawyer would be able to advise the upstream author (of the GPL'ed software, who would be the plaintiff in such a lawsuit) whether to name the minor, the minor's parents, or both, in a lawsuit. Michael Poole
