Michigan Diagnostic Software Case Big Win for GPL
Pig Hogger writes "Many people claim that the validity of the GNU Public License has not been tested in court in the US. Well, it just had been, in Michigan, in a case that validated open-source car diagnostic software against the pretension of automakers who want to keep it secret. But don't take my word for it; read the story on GROKLAW." It's actually the Society of Automotive Engineers involved here; DrewTech (the developers in this case) nicely donated half of their settlement money to the SAE.
Yes, the code was written under the GPL, yes the SAE did then take that code and start selling it as if they had written it and without the GPL, but it seems that the entire process was over whether the SAE owns their own regulations after the government steps in and turns them into Law.
The answer, as it was in the prior case cited, was "no".
It seems that the license of the software involved wasn't related to the case at all, other than as a "starting point" for the case to begin. If the code had been BSD-licensed, they wouldn't have been suing the SAE first. If nothing else, it simply indicates that you can issue a DMCA takedown notice for GPL'd code someone else is using without obeying the GPL license.
If I have been able to see further than others, it is because I bought a pair of binoculars.