What is the Best Way to Handle a GPL Violation?
DeadSea queries: "When you find that somebody is violating the GPL by distributing your code or a derivative of your code as a closed source product, how do you go about handling it? I have found two violations of the GPL for my Java Utilities, in the last month. The Free Software Foundation says that the copyright holder is the only person empowered to act. If you are the copyright holder, how do you communicate with the offenders? I know folks here must have dealt with this before: Linksys, SCO, Castle Technology, United Linux, and others. Personally, I would like to believe that with a little nudging (and without lawyers), I can resolve the things. As such, I would especially appreciate any example letters or other documents that might be effective."
I don't mean to stir up a hornets nest with this question, but if you intended to give away the code for free in the first place, why are you so concerned that someone is taking it and profiting off of it?
You could sue them, or contact a lawyer to send a C&D letter to them, but isn't it your own fault for choosing a license that turns you into an Indian Giver (no offense to Indians) instead of a truly beneficent code donor like the BSD licenses do?
Don't get me wrong, the GPL has its place, but if the main point was to be generous with your code in the first place why would you choose something as restrictive as the GPL?
Or in the first place did you intend to demand that changes be rolled back into your project?
I have been pwned because my
copy SCO's every move.
closed source, open source, whoever you're trying to make pay, it'll be the same.
It is very rare to find violations of the BSD license. In fact, I cannot think of a single one.
Why is this, when examples of flagrant GNU abuse abound? I think it's a simple matter:
respect.
individuals, particularly corporations, don't have much respect for hippies and hackers; whereas they do respect academic institutions and the authority thereof.
So, I imagine the thinking process goes like this:
BSD Product: "hmm, I better leave that alone, wouldn't want the university of california after me"
GNU Product: "ok, we'll snag this, this and this. What? License? fuck 'em. what are they gonna do - make me sit in an unventilated room with dick stalman?"
BSD is almost dead
Doo dah, doo dah
BSD is almost dead
Oh doo dah dey
We can all suggest, as BSD is dying!
1) Get a lawyer
2) force them to release your own source code.
3) find out it's the same code you have in your HD, so you just ended with another copy
4) profit ( for the lawyer )
Regardless of the GPL, blah, blah, copyright, blah, blah, people fail to realize the reality of the situation:
IF YOU GIVE STUFF AWAY FOR FREE, AND IT'S GANKED, YOU HAVE NO RECOURSE.