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Are there any "GPL enforcement trolls"?

Are there any "GPL enforcement trolls"?

Posted Jul 25, 2016 17:25 UTC (Mon) by pauly (subscriber, #8132)
Parent article: On the boundaries of GPL enforcement

Yes, there are. The university I am working with (and several others) got a cease and desist letter last year.
A German lawfirm who has also been working for Harald Welte
had got themselves the Dutch company SecureW2 BV as a client.
Their claim was about SecureW2, an 802.1X supplicant for use with windows (and later, Android).
Originally started around 2000 as an open source project by the Dutch startup Alfa & Ariss,
it enabled the supplicant shipping with Windows XP to do EAP-TTLS-PAP instead of PEAP for 802.1X authentication.
The software was available for some year, as was the source code. To the best of my knowledge,
the last versions of this software (then called EAPsuite) were distributed binary only although they
were still _supposed_ to be GPL.
In 2007, we dropped it altogether and found a way to support PEAP directly, thus making life easier for
Windows users. But we continued to offer that software for download (binary, of course).
Little surprising, download numbers were tiny after that.

In the mean time, SecureW2 BV had taken over the copyright of that software from Alfa & Ariss.
Their claim was that we distributed their GPL'd software without supplying the source code. Given
the historic lack of source availability on their own part, that claim was weak, of course.
What's more, educational use in Germany almost precludes any commercial use, a German
university is much more similar to a state-run authority than to any commercial entity.

After our legal department had made clear that we would not easily give way, the whole thing fizzled out.
It looks like the unclear state of that software had opened up a niche for dubious (or resourceful, as you like)
lawyers where they could at least try to "enforce" and monetize a Pseudo GPL copyright, contradicting
everything that GPL had been created for. To me, this is dangerous grounds.

Cheers, Martin


to post comments

Are there any "GPL enforcement trolls"?

Posted Jul 26, 2016 4:08 UTC (Tue) by bkuhn (subscriber, #58642) [Link]

If you're ever in that situation again, just ask them if they are willing to follow the Principles or not. If not, please do in touch with me, or my colleagues at Conservancy or the FSF, about it.

Are there any "GPL enforcement trolls"?

Posted Jul 26, 2016 16:58 UTC (Tue) by pauly (subscriber, #8132) [Link] (1 responses)

This story continues. Quite number of German universities had got that sort of cease and desist letter.
At least two cases went to court, and the universities both lost in first instance (before different local courts).
Currently, I only have this German article as a reference:
https://www.dfn.de/fileadmin/3Beratung/Recht/1infobriefea...
It basically states that SecureW2's claims were fully acknowledged by the first instance courts --
despite the fact that there is accepted evidence that SecureW2 themselves failed to provide the
source code along with the binary files for the last couple of sub-versions of their software.
I have no information on the payments that the rulings would enforce.

At least the more recent case of the two will see an appeal trial.

Martin

Are there any "GPL enforcement trolls"?

Posted Jul 29, 2016 15:12 UTC (Fri) by Wol (subscriber, #4433) [Link]

> accepted evidence that SecureW2 themselves failed to provide the
source code along with the binary files

Can't you argue that, if you distribute the program AS RECEIVED FROM THE COPYRIGHT HOLDER, then this is pretty much automatic GPL compliance?

Either that, or it's entrapment. The copyright holder is distributing an allegedly GPL'd program that cannot be further distributed at all ...

Cheers,
Wol


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