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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.
Naw, that'd be a BSD-style license, not a GPL :)
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.
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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[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 He thinks that Jin has an A/V module, which IChessU decided not to use and thus do not publish its source code.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!