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Former Bob Jonkman -- Please use the new server at https://gs.jonkman.ca
Free, Libre, and Open Source Software
If a software developer violates the GPL by claiming a derivative work is their IP licensed only for use by their customer, what is the legal liability for that customer? !FS attn @bkuhn
- drak gefällt das.
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@bobjonkman as far as I know, only the infringing developer loses the right to use the GPLled software - as long as the company does not propagate it. Section 8, GPLv3: “Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License” → http://sn.1w6.org/url/1008
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Former Bob Jonkman -- Please use the new server at https://gs.jonkman.ca
Free, Libre, and Open Source Software
, drak
@drak I'm more concerned about the customer, who may have signed a EULA (contract?) agreeing that the software is licensed solely to them (even though they *should* have the right to re-distribute under the GPL). If the customer then does re-distribute, exercising their GPL rights, are they liable for breaching the contract? !fs
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@bobjonkman Since the contract was illegal, the customer never got the right to the parts the developer wrote, I think, but he did get the rights to the GPL’led parts - so no passing on of the proprietary parts. I guess that the customer can then sue the developer for misleading or so, and part of the settlement could be that the proprietary code gets licensed under GPL, too - after all the customer paid for getting the program. But even though I read up much on that: IANAL. Or the customer could contact a copyright holder of the GPL code and notify him or her of the license breach. That could then get pretty nasty for the dishonest proprietary developer.
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