Am 25.10.2013 18:52, schrieb James Hilliard:
> I assume it wouldn't be all that hard to find an author of kernel code
> or other GPL component who would be willing to let someone take legal
> action for them?

Well, I am a kernel copyright holder.
And still I do not think that this would work out.

This is the realm of copyright and intellectual property right law. In
most cases this is not a matter of a prosecutor but a matter of what is
in Germany called a "civil court", i.e. *you* as an owner have to sue
the infringing party. The prosecutor will not help you in any way. You
will have to dig out all proof, you will have to make the case and you
will also have to pay for your attorney in law and the court cost - up
front.

So it is not that easy.

The biggest threat that one (we) can first generate is to claim getting
a sales or import stop of the infringing device. Just the device in
question, not more. And even this can be a cost and work intensive thing
- Harald, Till et al will be able to tell stories about that.

I do not know about other countries but here in Germany it is not easy.
It is also not impossible, don't get me wrong, but it is not as easy as
pointing a finger and some prosecutor will go after them for you. The
"someone" you mention needs to be someone with time, money and interest
for the common good since there is not anything to gain for him/her.

Cheers
  nils


> On Fri, Oct 25, 2013 at 9:51 AM, Tomasz Sterna <[email protected]
> <mailto:[email protected]>> wrote:
> 
>     Dnia 2013-10-25, pią o godzinie 15:05 +0200, Arnt Karlsen pisze:
>     > > It is pretty hard to enforce this.
>     >
>     > ..bull.  The ZTE etc phones you see in malls etc shops, you buy
>     > from "that shop", not from ZTE etc.  So go after the shops.
> 
>     AFAIK unless you are an author of at least a line in the Linux kernel,
>     you are not a litigation party, and have no legal ground to "go after"
>     distributors.
> 
> 
> 

Viele Grüße
  nils

-- 
Nils Faerber
Buehlstr. 156
57080 Siegen
https://www.fpresso.de

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