On Tue, 2005-03-29 at 15:50 +0200, Florian Weimer wrote: > * Robert Dewar: > > > Unfortunately, you can't rely on sane judges, since the plaintiff can > > always demand a jury trial, and you would be surprised what juries think. > > Furthermore, deleting the test case makes no sense as a remedy. Either > > there is or there is not a copyright violation. The judge could only > > require the removal of the test case if there is a copyright violation, > > but then the plaintiff is entitled to substantial compensation without > > having to show any harm. > > Even if the plaintiff submitted the test case in the first place, for > inclusion or not?
In reality, a person who submits code knowing it is going to be distilled and used in testsuites under our license would probably be estopped from claiming it violates their copyright to do so. They are going to have to show that they had on idea this would happen, which is somewhat difficult. IE if we added a very large warning to the submission page that said "PLEASE NOTE: BY SUBMITTING A TESTCASE, YOU AGREE THAT WE HAVE THE RIGHT TO CREATE, USE, AND PUBLISH EITHER YOUR VERBATIM TESTCASE OR A DERIVATIVE UNDER GCC'S CURRENT LICENSE" or something of the sort, they would be very hard pressed to win in a real lawsuit in court.
