Slashdot Mirror
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."
Call the company and ask for the contact information of their legal department.
Pay a lawyer a small fee to have him write a letter to the offending company suggesting that their GPL violation will result in litigation if they don't work with you to resolve the problem.
The offending company's legal department will probably ignore you if you address them directly, so it helps a lot to have a lawyer write the letter (and send it certified mail with return receipt - that always scares people)
I'd rather be a conservative nutjob than a liberal with no nuts and no job.
It sounds like your goal is to get them to respect your license. Approach them with firm honesty and you may get what you're looking for. If that doesn't work then YOU have whether you want to fight it with lawyers. The cheapest way out would be to assign your copyright to the FSF and let them (as the legal copyright holders) handle it.
In terms of copyright protection, in order to bring suit your copyright must be registered with the US Copyright Office.
Computer programs have their copyrights registered under the category of "literary work." For more information see The US Copyright Office website.
You may be able to do a 'cease-and-desist' type thing without it (hey, under the DMCA you can probably send a CaD to anybody you want for anything, without necessarily having cause) but I don't know what sort of proof you have to have that the work was originally yours.
This is a definite warning though -- if you're developing Open Source and want to be really sure you can enforce the freedom of your code, register that copyright!
Freedom isn't free; its price is the well-being of others.
You should first look to register your copyright. This costs $30 and is otherwise relatively simple. This gives you certain legal benefits in a potential litigation and serves as a deterence. You should start pouring over Title 17 so that you know the law. Don't be afraid to read it yourself -- copyright law is actually pretty accessible.
After that you should send them a letter stating that (1) your work is copyrighted and is not public domain (2) you offer a licence (the GPL) which is seeks certain forms of compensation in return for using your work. That compensation comes in the form of reciprical licencing to their derivitive copyrights. Provide them with a copy of the GPL. (3) State that they have made no attempt to comply with those terms. State the actions taken by them that violate the terms. State that they have not purchased or seceured any licence to use your copyrighted material in the manner they are using it. Don't be wishy-washy. Say things like "you are basing your business on piracy of my intellectual property". (4) State that as of this letter they are on notice that they are violating the law and that if they do not cease and desist then any willful and knowing infringment may be subject to increased penelties under the copyight law. (5) Remind them that damages for infringement include any profits attributable to the infringement.
If you feel like it, offer them a real licence to do what they are doing for an appropriate cost, say $2million or some other number you'd be happy with.
Don't be afraid to go talk to an IP lawyer. If you want to proceed beyond telling them to stop pirating your stuff, then this will be essential. Use the phone book. Make it clear to the people you talk to that you are interested in discussing retaining them on a contingency basis only, that your have registered your copyright, and that you believe a business is willfully pirating your code.
Do NOT tell them they must now releaes all their source code to the public.
If that's what you want them to do, then say so. Don't pussyfoot around. You can't force them to release anything that is whole-cloth theirs, but you anything that's a clear derivative of yours, their legal choice is to release the source, or face a judge.
The first letter should be business like, and reasonably noncombative. If you'd be happy to just have them release the source code (on an ongoing basis), then let them know that, if they do so, you'll chaulk it up to a misunderstanding and let it be.Also let them know what if they force you to spend much more time onthe issue that you'll be charging just for your time. Remember that this is consulting rates, so $100/hour isn't even starting to get unreasonable.
It's probably worth mentioning that if lawyers start logging time, the price goes much higher much faster.
Send the message to the best contact you have at the company. If you can find their legal eagles, then CC the message to them.
I'd also CC a copy to a reasonably disinterested third party who would know to log the message for posterity. The FSF might be a good bet.
If they're distributing your code and/or documentation on the net , and they're clearly non-responsive, then you can also send a DMCA takedown notice to their ISP. (The law is there. You may hate it for other reasons, but it's a tool for you to use like any other).
Remember to stand firm on your rights. If they're using your code, you have the right to tell them to stop. If you're seriously pissed at them, you can simply tell them to stop distributing your code. If they refuse to stop, you can go to a judge and get an injunction against them (It would be in the context of suing them for copyright invringement).
If you want to get paid for the work that they've stolen, then decide how much you want per copy and ask them for it. Worst case is that they'll tell yo to drop dead and you'll be forced to go to court to get the money from them. Note: you can get more money if your copyright is filed... the sooner the better. Until the copyright is filed, the most you can get out of them is 'damages'.. which will (probably) top out at the actual price they are charging for the code. Once you filee, then the cap is the greater of actual damages and $30,000+ per copy. That $30L+ can be a pretty sturdy barganing tool.
Note: IANAL If in doubt, talk to a real lawyer. There seem to be a number of reasonably good ones at groklaw. Perhaps one of them lives in your area.
NoteL if you really don't think you are willig to drag these people thru court, then you can always assign your copyright to the FSF (or assign them the right to enforce it). At that point the FSF can start wailing on them with authority.
Free Software: Like love, it grows best when given away.