On reimbursement of costs for enforcement actions & related issues
On reimbursement of costs for enforcement actions & related issues
Posted Dec 5, 2015 2:45 UTC (Sat) by lukeshu (guest, #105612)In reply to: On reimbursement of costs for enforcement actions & related issues by bkuhn
Parent article: A referendum on GPL enforcement
Doesn't the GPLv2 terminate upon violation; if product A violates, and they therefore loose the license, shouldn't that also terminate their license for product B? That is, even if you can't get them before the product hits EOL, aren't they still affected?
As a side question from that: If you, representing a stakeholder in the kernel, show that an organization committed a GPLv2 violation, bring them in to compliance, and (on behalf of the single stakeholder) reinstate the license, isn't the license from every other stakeholder still implicitly revoked (per ยง4)?
Posted Dec 6, 2015 3:10 UTC (Sun)
by bkuhn (subscriber, #58642)
[Link] (1 responses)
I find myself inspired to quote
Futurama: But, this is where I again have to say that the GPL isn't magic pixie dust
that just works. If the violator doesn't wish to comply, we have to
compel them somehow. Termination of rights works the same way as it did in the first product, and has the same tools available. Namely, we can go
into court, and seek an injunction; just like we'd have needed to for the first product. The fact that the rights terminated
long ago in past product might help us convince the judge to grant an
injunction more quickly, and/or show the judge the company acted in bad
faith. But, the enforcement process is the same, and note that one way to
come into compliance is to stop distributing. Therefore, with regard to the
old violation, the company is now in compliance. We're unlikely to therefore
get a judge to compel a source release for the old product, since
distribution has ceased. First, it's worth noting that Conservancy doesn't just represent a
coalition of stakeholders (although we do that too), but Conservancy is also
a copyright holder in Linux as well, as some stakeholders have outright
assigned Linux copyrights to Conservancy. But, that wasn't your question. To answer your question:
Yes, you're quite correct about how rights restoration works (at least in the
USA and most other jurisdictions I'm familiar with). The negotiation point
that both FSF and Conservancy use in that enforcement scenario is simply tell violators that
once compliance is achieved, we're on their side and prepared to be an expert
witness or otherwise help the former violator oppose any copyright
holders knocking at the door for huge settlements. Such copyright holders
who came to demand pay-outs after compliance was achieved of course wouldn't
be acting under the
principles of ethical GPL enforcement anyway.
Posted Dec 6, 2015 4:10 UTC (Sun)
by lukeshu (guest, #105612)
[Link]
It's been my experience that corporate lawyers tend to be very afraid of "technically correct", which is why I asked.
lukeshu asked:
On reimbursement of costs for enforcement actions & related issues
Doesn't the GPLv2 terminate upon violation; That is, even if you can't get
them before the product hits EOL, aren't they still affected?
You are technically correct! The best kind of
correct!
. Yes, indeed, under GPLv2§4,
the violator will lose their distribution rights (read
more in Copyleft Guide), and that termination relates to any
copyrights infringed in the original product. Thus, indeed, if those
copyrights are redistributed in a later product, their rights have already
been terminated.
If you, representing a stakeholder in the kernel, show that an organization
committed a GPLv2 violation, bring them in to compliance, and (on behalf of
the single stakeholder) reinstate the license, isn't the license from every
other stakeholder still implicitly revoked?
On reimbursement of costs for enforcement actions & related issues