Timeline for Can I claim against an entity who is in breach of a GPL license against a third party?
Current License: CC BY-SA 3.0
7 events
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Nov 24, 2016 at 23:18 | comment | added | Dale M♦ | @MontyWild Your question has been asked and answered - if you have a follow up question please post it as such and cite this question, don't ask substantive questions in comments. | |
Nov 24, 2016 at 23:05 | comment | added | Monty Wild | Couldn't it be said that by selling devices containing GPL-licensed software which that vendor has itself modified and is therefore in possession of the modified but still GPL-licensed source code, the seller is entering into an implied contract with the purchaser to provide the source code to the GPL-licensed software upon the purchaser's request? Could it be said that by refusing to do so not only breaches the terms of the GPL license with respect to the creator of the software, but also the implied contract with the purchaser? | |
Nov 24, 2016 at 10:45 | comment | added | Martin Bonner supports Monica | As I understand the GPL (IANAL), if you breach the terms then the license is terminated - so they are in breach of copyright. However that is a matter between them and the copyright holders. Note that in principle the company may have paid the copyright holder(s) for a private license - in which case there is nothing the OP can do. (In practise, very few authors who license under the GPL also offer commercial licenses.) | |
Nov 24, 2016 at 1:57 | comment | added | Dale M♦ | @montyWild If Bunnings has a contract with BricksAreUs to supply bricks which Bricks breaches meaning Bunnings has no stock you can't sue anyone just because you can't get bricks unless you have a contract with Bunnings already. Similarly, if two companies which you do not have a contract with are in breach of a contract: how does that involve you? | |
Nov 24, 2016 at 1:54 | comment | added | Monty Wild | Don't I have a standing to take action as a third party injured by their failure to abide by the license, i.e. as a victim of their negligence or deliberate refusal to do that which they are required to do? | |
Nov 24, 2016 at 1:54 | history | edited | Dale M♦ | CC BY-SA 3.0 |
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Nov 24, 2016 at 1:44 | history | answered | Dale M♦ | CC BY-SA 3.0 |