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Alleged GPL Violation Spurs Accusations, Lawsuit
lisah writes "Linux.com is reporting that Alexander Maryanovsky, the developer of Jin (a Java-based chess client), has filed a lawsuit alleging that International Chess University has violated several aspects of the GNU General Public License (GPL). Maryanovsky claims that the online chess training website and its CEO, Alexander Rabinovitch, are in violation of both his copyright and the GPL by distributing software that is based on Jin. According to the report, though Rabinovitch is dismissing most of the claims leveled against him, he has apparently left his native Israel for Canada and declines to give his exact whereabouts." Newsforge and Slashdot are both owned by OSTG.
This Story has already been posted on Slashdot.
GPL Gets Its Day in Court in Israel
echo YOUR_OPINION >
Naw, that'd be a BSD-style license, not a GPL :)
Quoted from the article:
Pleading lack of time, Maryanovsky suggested that IChessU could either use Jin or pay him $4,000 for a commercial license instead.
So there was an unrestricted commercial license available for $4,000 and instead they took the GPL version and violated its distribution license. If the accusations about license violation are true, this is just as much piracy as selling illegal versions of Windows or any other software.
Newsforge and Slashdot are both owned by OSTG.
Yes, they are, but we don't feel the need to point out that fact constantly.
Now, if you mentioned that Linux.com and Slashdot are both owned by OSTG, that would be a relevant disclosure statement. I'm suprised no one mentioned it.
So let me get this straight: If someone produces some sort of product and puts a bunch of limitations on how I can or cannot use said product that instead of disregarding those limitations and doing what I want that I should actually either respect those limitations or do without the product altogether? And are you also saying that if I do decide to disregard those limitations placed on the product that a reasonable avenue of recourse for the producer of that product is to bring suit against me?
Not to go too far down this path but I think the _average_ /.er is more miffed with the process the RIAA is using rather than that they are suing. The flood of Jon Doe suits are absurd. They should have to file one suit at a time based upon better evedence than they currently have been using.
/. crowd has about this.
Then again AFAIK no suit has gone all the way to trial, another beef the
-nB
whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
According to the report, though Rabinovitch is dismissing most of the claims leveled against him, he has apparently left his native Israel for Canada and declines to give his exact whereabouts.
"I've done nothing wrong and if anyone needs me I'll be in my secret underground chess igloo."
-- You give me beer, I give you condo.
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The whole socket thing is meant for something else. Staying in the realm of chess, there's a generic chess protocol that is used to interface engines with clients. If you have a server and a client communicating over such a generic protocol, and one of them is distributed under GPL, it doesn't mean that the other one also has to be GPL, because neither is a derived work of the other (again, IANAL).
Finally, regarding EULA - GPL is not a EULA. He can distribute the binary client under a restrictive license, but he has to provide the sources under GPL. Rabinovitch seems to be in non-compliance here as well.
The Raven
Exactly, dude. That's what copyright law is for.
Though your sense of entitlement seems to be a tad overwhelming.
The GPL is a license that grants users far more rights than copyright law would normally allow. The alleged infringer here was in no sense restricted by the GPL; it gave him a bunch of rights that he had under certain conditions, and that he wouldn't otherwise have had under copyright law, and he is alleged to have broken those conditions while exercising the rights.
If your uncle lets you live in his house rent-free as long as you don't have any pets, then he is entitled to use the law to evict you and your ferret when he finds out you've breached the terms. Bitching about it just makes you look like a spoiled brat.
If you want to complain about restrictions in software licenses, try some proprietary licenses which bind you under contractual terms that force you to give up MORE rights than the ones that copyright law takes away from you. You're not allowed to reverse engineer Windows or sue Microsoft, for example, if you use their software.
Having read the article, it seems that it really comes down to this: The IChessU client connects to Jin through sockets, and Maryanovsky claims that the intimacy of this connection makes the two programs one. Thus, the code for the IChessU client must be published. Rabinovitch says this isn't so, they are two separate things. But what it really comes down to is, once again, the Open Source people don't like the fact that someone is using GPL'd code to make money without "giving back" even when there is no real violation of the GPL. It's a loophole for sure, but it's there and it's not a secret. If Maryanovsky wanted to have more control over the use of his code, he should have chosen a different license.
If you want news from today, you have to come back tomorrow.
And in its own bizarre manner /. admits the RIAA has a point.
Leaving aside the point that there exists more than one person on Slashdot, it's notable that on software piracy threads, far more people tend to be against the idea of people profiting from copyright infringement, or doing so in a commercial context in some way. So this isn't connected to the RIAA suing grannies for downloading stuff to listen to.
As we all know, P2P removes all licensing agreements from software, music, and videos.
You misunderstand me. The GPL is a grant of rights, not a restriction. It's not 'less restrictive', since it's not restrictive at all. What restricts you is copyright law. It's impossible to be sued, at least in the US, for breaching the GPL. The restrictions all come from copyright law, and if you breach the GPL, you'll be sued for a breach of copyright.
Compared to the extreme permissive licenses like the MIT or BSD licenses, the GPL lifts less of the restrictions placed by copyright law, though. You don't get the right to restore the copyright law restrictions that the GPL lifted, for one. It also lets copyright law bar you from distributing binary-only copies in order to make it impractical to modify the software.
While there are plenty of good reasons why people might prefer thoes licenses, it strikes me that bitching about not having those rights, in the name of freedom, is a bit like a southern US plantation owner complaining about the loss of his freedom to own slaves...
[Rabinovich] now points to online articles that he believes supports his position, such as Eric Schnell's and Jason Rumney's blogs.
Eric Schnell got the whole thing backwards. He thinks that Jin has an A/V module, which IChessU decided not to use and thus do not publish its source code. From his blog:
From I can make out, Jin's creator Alexander Maryanovsky's problem with IChessU is that while IChessU has utilized Jin's code, they are not distributing Jin's entire source code. An A/V module in Jin is not being used by IChessU and therefore the source code is not included.
I've tried to respond to his blog, but his captcha seems to be broken. I've emailed him but got no response so far.
I couldn't find anything related on Jason Rumney's blog, even with a google search.
"All the articles were produced only by Maryanovsky people/fans," [Rabinovich] says, "which is fine because they are published in developer's magazines/sites..
Where would Rabinovich have GPL violation related articles posted? A cooking magazine? Are Slashdot, Yediot Ahronot and Arstechnica all my fans? I didn't know I was that popular.
"He also said," Maryanovsky writes, "that they are planning to wrap Jin in a layer that would allow it to be controlled via a socket. I told [Rabinovitch] that I believe this would still, most likely, be violating the GPL." Despite this opinion, IChessU proceeded with its plan [snip]
That's wrong. As I mention on my page, they abandonded that idea and proceeded to use Jin in a straightforward manner.
Rabinovitch, however, writes [snip] The guy is hurt
Gee, I wonder why I'd be hurt? Could it be because Rabinovich stole my work?
Rabinovitch rejects the charge of bad faith negotiations because it is made without any explanation or evidence.
As I explained to him in my response, there's was no need to explain anything or bring evidence. The letter was to him - he already knows all the evidence! He was there at the negotiations!
Writing to NewsForge, Rabinovitch states that all source code was posted to the IChessU site, including that for the audio-visual module -- a claim that cannot be substantiated, since all code has now been removed from the IChessU site. He characterizes the audio/voice module as a separate program that "has nothing in common with the original Jin (it is even written in a different computer language!).".
So if the source code to the A/V module was released under the GPL, as required, why argue that it's a separate program? Not that it makes any difference, as that is exactly the point of the GPL - even unrelated code becomes "infected", as long as it's part of the same application. If I didn't want unrelated code infected, I'd release Jin under the LGPL. That is the whole difference between the GPL and the LGPL!
What if we integrated into Jin a Microsoft Word button -- would Mr. Maryanovsky then claim that we should publish the Microsoft source code as well?
No, I would then claim that they cannot publish the resulting application at all, as the GPL clearly states:
If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.
As has been pointed out many times - you do not have any rights to a GPLed application except for the rights that the GPL gives you. The GPL does not give you the right to add a "Microsoft Word button" to Jin (excep
You're correct. The necessary "written permission" needn't be the GPL -- it could be a separate agreement altogether. However, nobody but the copyright holder {or, in exceptional circumstances, the courts} has the power to grant such permission, and distributing GPL software without permission is no different to distributing any other copyrighted software without permission. Which is why the permission under the GPL originates from the copyright holder -- and even if you didn't receive a copy of the text of the GPL with the program {which is against the GPL conditions unless you specifically requested that}, in fact even if the copy you received is legally considered infringing, you still have all the permissions granted by the GPL.
He does not hold the copyright in the work in question, he did not comply with the conditions of the GPL, he did not pay for the commercial licence and his acts of distribution go well beyond Fair Dealing. Therefore, however you look at it, he is in violation of copyright.
Je fume. Tu fumes. Nous fûmes!