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Misleading

Misleading

Posted Mar 19, 2025 10:35 UTC (Wed) by paulj (subscriber, #341)
In reply to: Misleading by tbird20d
Parent article: SFC reports a successful (L)GPL suit in Germany

A huge part of the issue with the McHardy is that:

1. The open facts of the matter are that:
a) McHardy made settlements with or had sent clear cease-and-desist notices to GPL violators, part of which was to cease their violations or face penalties
b) The violators went on to violate again
c) Thus McHardy went to collect on the penalty clauses of his prior agreement with or warning to said violators

2. Those who say McHardy's intentions were bad or nefarious; that the violators were acting in good faith, and/or made only trivial violations; refuse to give details, never mind evidence. There are just claims to be in the know, or to know people who know, and that the details must be kept hush-hush, behind the scenes, cause... reasons, which we can't tell you.

So we have the basic, sparse facts that are available - which do NOT of themselves justify anything in 2. Indeed, the reverse.

And then we have 2, which we, the unwashed public out there who just read LWN, are meant to just take on authority, and ignore the only facts available in 1. We are meant to just take it for granted that GPL violators - corporates making money importing and selling products with GPL code - are the poor ickle good guys here, and McHardy is the bad guy for enforcing the licence on code he claims to have helped make (I know there are other questions there, but that's a distinct matter, and can be answered, inc. in court).

That appeal to authority, at odds with the (few) available facts, doesn't quite sit right with at least some of us.


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Misleading

Posted Mar 19, 2025 13:04 UTC (Wed) by pizza (subscriber, #46) [Link] (1 responses)

> That appeal to authority, at odds with the (few) available facts, doesn't quite sit right with at least some of us.

It's also hard to garner sympathy for "victims" [1] whose best argument is "we mistakenly signed an agreement we had no hope of complying with because we didn't know how our own business actually operates". (ie "we're too incompetent to act out of malice")

...Because that's about all one can infer from the few available facts.

[1] Who all had full access to competent legal counsel

Misleading

Posted Mar 19, 2025 13:18 UTC (Wed) by paulj (subscriber, #341) [Link]

The best I can get is that McHardy is a bad guy because he didn't let *repeat* offenders away with it.

One of the organisations pushing the devilling of McHardy is the Linux Foundation. A commercial trade organisation representing a number of large commercial corporates, for whom any enforcement of the GPL appears to embarrassing / inconvenient. (Some of those members of the LF are... GPL violators).


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