Removing Proprietary Bits from Illegally Closed Open Source?

hahnfeld asks: "I maintain an Open Source (GPL) project which is fairly popular among commercial companies who produce proprietary add-ons for the software. Recently I found that someone was selling code derived from my product under a proprietary license. As a settlement, we finally agreed that his software (which had come a long way from the original Open Source base) will be released under the GPL. Obviously, I have plans to distribute the newly GPL'ed code from my project's site. Now that I've made the announcement, many commercial add-on authors are saying that they believe their code may be contained in the software and it is MY responsibility to remove it or they will come after ME. I've received everything from threats to insults from the commercial add-on authors, who believe the newly GPL'ed product will cut into their business. I've already notified everyone who has a proprietary add-on that I know about, and I'm planning on cleaning out anything I find. But short of not distributing the newly GPL'ed software, is there any way for me to protect myself in the event some proprietary code gets left in the GPL code?" As open source gains popularity, this issue is bound to strike another developer. In addition to seeking legal advice, what suggestions would you give to someone unfortunate enough to be in this position?

Comments

Countersue

[Geckoone]

Can't you countersue based on the fact that they shouldn't have added their proprietary code to a GPL'd software distribution in the first place?

Sic the FSF on 'em

[Vinson Massif]

So what do you think the chances are that these guys have incorporated GPL source in their add-ons and are taking an aggressive stance to cover their asses?

Insn't this one of the senarios where assigning copyright to the FSF is helpful?

Good laugh.

[Henry V .009]

Ha ha ha. I'm sorry, but that is funny. After taking something they didn't legally own (your GPL'd software), they gave away something that they didn't own in settlement.

If it turns out that they didn't have copyright to all the code that they promissed to GPL, that settlement is invalid. You have a great case for taking them back to court.

And if other authors do own copyright on some of that code, you don't have the right to distribute it. Simple as that.

Re:Good laugh.

[nuggz]

If it turns out that they didn't have copyright to all the code that they promissed to GPL, that settlement is invalid. You have a great case for taking them back to court.

Good point. The person who gave that code to you, who said they owned it is in trouble, they gave you code they didn't own. But just because they screwed up, doesn't mean you're off the hook.

If you don't know for sure that you can distribute this code, don't. They notified you of the problem, you should not ignore it. Otherwise you lose the "I didn't know" defense.

Their in fault, not you

[dh003i]

They added their proprietary code to a GPL'ed program and distributed it. The only legal way to do that is by GPL'ing their proprietary code, which they didn't.

Thus, you need not heed their meritless threats. Anything distribute along with your GPL'ed code should also be GPL'ed, and if it isn't, you can force it to be so (and you have the right to simply distribute it under the GPL).

The impact this has on their business is not your concern. Its their fault for incorporating their add-ons onto GPL'ed code. There should be no compromise here: you should force anything that was distributed with your GPL'ed code to be GPL'ed as well. Simply distribute the entire thing under the GPL, as is your right to do so. If they try to sue you, they don't have a leg to stand on because the GPL demands that any modification/add-ons to GPL'ed code be GPL'ed.