Welte: Some comments on the heated debate on SFC / Busybox / Linux GPL enforcement
[Posted February 10, 2012 by jake]
Over on his blog, Harald Welte
comments on GPL enforcement in light of the Busybox/Toybox controversy. "
In any kind of GPL enforcement, you of course not only want the complete corresponding source code to one program, but to all of the GPL/LGPL/AGPL or otherwise copyleft licensed programs contained in the product. We at gpl-violations.org have always been requesting the complete corresponding source code to all GPL licensed software during our communication with the infringing companies. This request was typically honored by everyone, without the need to apply any pressure onto it. After all, releasing only one bit of code causes the risk to get sued by somebody else who owns the other not-yet-compliant part of the code. [...] Now there have been rumors that SFC was not only requesting non-Busybox source code, but also making it a condition for the explicit re-instatement of the license on Busybox. Whether or not there was such a hard condition is subject to debate and there are different opinions on it. For those in the field of FOSS licensing, it has always known that there are different lines of thought with regard to the requirement to explicit reinstatement. We in Germany generally think that it is not required at all, and the existing preliminary injunctions at least implicitly acknowledge that as they enjoin companies from distributing a product as long as it is not in compliance with the license. In other (particularly the U.S.), it is generally assumed that explicit reinstatement is required."
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