GPL Violators On The Prowl
ravenII writes "GPL Violations.org are looking after the GPL. Warning letters were personally handed over to companies at their CeBIT booths by Mr. Harald Welte, free software developer and founder of the gpl-violations.org project.
It seems big boys like Motorola, Acer, AOpen, Micronet, Buffalo and Trendware seem to violate GPL. Please visit the site for more information on GPL enforcements and violators."
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FTFA:
Since more than one year, the gpl-violations.org project tries to bring vendors who use GPL licensed software in their products into license compliance. To achieve this goal, it uses a number of measures, ranging from warning letters over public documentation of GPL violations, up to legal proceedings. In this year, the project managed to conclude more than 25 amicable agreements, two preliminary injunctions and one court order.
Sounds like some folks are paying attention to this guy.
Since it looks like GPL violator's website is down, here's a mirror:f f3409b0475e/index.html
http://mirrordot.org/stories/c00f3d2fd6588c34ae25
If you RTFA, you would see that Harald Welte is a developer and copyright holder of netfilter, which is used in a number of commercial firewall products. He also has license to prosecute the copyrights of some other developers.
So yes, he has standing to both warn and sue the companies he has given notice to (as well as the companies that have settled with gpl-violations.org).
--kirby
If the violator doesn't accept the GPL, nothing else gives them the right to use the code -- it's not public domain, it's licensed under a specific license. It's not a matter of contract law, it's copyright law, and no contract is required, any more than New Line Cinema needs to have a contract with you to stop you from selling a remixed version of The Fellowship Of The Ring.
If I were to sell copies of Star Trek DVDs that I made myself, Paramount would be all over me for violating their copyright. I have no contract with Paramount. That's the point - I have NO right to sell someone else's copyrighted material without permission. You must have permission to distribute ('publish') someone else's copyrighted material.
That permission could be given by a contract. Or it could be given by a license, such as the GPL. When the author places his work under the GPL, he grants permission to copy to those who adhere to the terms of the GPL. If someone doesn't follow the terms, then they DON'T have permission to distribute the copyrighted materials. It's a simple case of copyright infringement.
The GPL is far simpler than the usual EULA. The GPL makes no restriction on use, but most EULAs do. Most EULAs prohibit copying, but the GPL encourages it. The GPL is a license granting you permissions that you wouldn't otherwise have under copyright law. You don't have to accept the GPL, you just fall back on standard copyright law if you don't. No contract is needed.