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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?
Doesn't mean it is. You really need a good IP lawyer for this. If that's out of the question, I'd send each of the plugin companies a copy of the source, along with a letter stating that to the best of your knowledge, the code is yours and that you intend to GPL it. Give them 30 days to identify any code that they believe is theirs, with the option of declaring none. Tell them that if they do not respond in 30 days, their license to use your code will be terminated and they must cease marketing and supporting the product. Disclaimer - I am not a lawyer and this is not legal advice.
"Eve of Destruction", it's not just for old hippies anymore...
Let me get this straight: You have the software company who was distributing the product containing your GPL'd code, and you have other coders who have contributed to the project, and who do not want their proprietary code made public. Now, either the other coders knew they were working with your code and may have been aware of the GPL licensing, or they didn't.
If they were aware of the licensing restrictions on the code they were working with, then they are morally in the wrong and a court will probably rule against them.
If they were not so aware, as in if the software company concealed the knowledge of GPL restrictions from them, or had them working on a separate segment of the code which was included in the project but not directly involved with the GPL, then it's the software company's fault in scheduling conflicting licenses. It is not YOUR responsibility to PUBLISH the source code, it is that company's; you might only be distributing that source, and perhaps not even that. The software company would have the options of:
(1) Withdrawing the program from the market completely;
(2) Replacing your GPL'd code with equivalent proprietary code, and keeping the codebase secret;
(3) Replacing the other coders' proprietary code with open-sourceable code (or licensing their code for open-source use) and publishing the codebase;
(4) Publishing the codebase as-is, and risk being sued by the other coders;
(5) Keeping the codebase secret, and risk being sued by you.
I do not see any way a court would hold you liable for making the software company publish the code; it was not your decision to tie their code up with yours. If it does head to court, though... Get a good lawyer.