Re: [ilugd] [X-POSTED] First GPL violation filed in USA
On 9/22/07, Raj Mathur [EMAIL PROTECTED] wrote: On Friday 21 September 2007 12:15, Jasbir Khehra wrote: [snip] Therefore, is my assumption correct that to enforce GPL compilance , the complainant has to be one of the following two individuals : a) Author of a GPLed software b) End user or consumer of a product which contains GPL software. And not any other third party ?? As far as I know only the copyright holder of the software can file for a copyright violation. Hmm , well so in that case we should have some proxy set up in India who can on behalf of the Copyright holder file a case, for example in the case of Harald Welte against D-Link , Herald acted as a proxy on behalf of the original copyright holders, quoting from the english translation of the judgement of the case [1] quote With three contractual agreements designated Fiduciary Licensing Agreements, the exclusive rights to copy,to distribute, and of public display, as well as the right to allow a third party to undertake modifications in the programs, were transferred for three software programs to Plaintiff: Mr. Werner Almesberger, who is an Austrian citizen, transferred these rights to Plaintiff for the software msdosfs on December 12, 2004 (Annex K5) /unqote Purpose of my suggestion is for doing up all the legwork before hand so that its easier to file for GPL violations when the need arises :) IANAL however, and before you decide to bump off Linus Torvalds and then merrily violate GPL on the Linux kernel, Violate GPL , no way!!! maybe the tenor of my question made u think so :P [1] http://www.jbb.de/judgment_dc_frankfurt_gpl.pdf regards, Jasbir ___ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - September 28-29, 2007 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
Re: [ilugd] [X-POSTED] First GPL violation filed in USA
On 9/21/07, Raj Mathur [EMAIL PROTECTED] wrote: -BEGIN PGP SIGNED MESSAGE- Hash: SHA1 The first lawsuit for GPL violation in the USA has been filed yesterday against Monsoon Multimedia, who were distributing busybox without making the source code available. This appears to be primarily a precedent-setting action, since MM had already acknowledged that they were using GPL source code in their product(s). [snip] Story at: http://www.groklaw.net/article.php?story=20070920153227686 Regards, - -- Raju or, this could also be a cheap publicity stunt, given that one of the founders of the company has a background in law, and the founders like to create startups they can sell off at great prices. well, this si the best way to generate a huge buzz around their company, let every blogger, mailing list, forum discuss it. once the buzz dies, a quiet outofcourt settlement may follow, with nice soundbytes on how much they appreciate the gpl etc. then another piece of news on how some other company has paid a fortune for their product or their company. maybe i'm wrong. :-) niyam ___ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - September 28-29, 2007 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
Re: [ilugd] [X-POSTED] First GPL violation filed in USA
On 9/21/07, Raj Mathur [EMAIL PROTECTED] wrote: -BEGIN PGP SIGNED MESSAGE- Hash: SHA1 The first lawsuit for GPL violation in the USA has been filed yesterday against Monsoon Multimedia, who were distributing busybox without making the source code available. This appears to be primarily a precedent-setting action, since MM had already acknowledged that they were using GPL source code in their product(s). If SFLC (the complainant) wins an injunction, it would be a big step for GPL compliance in the US, and hopefully could also be used to get a precedent in India and other countries. Story at: http://www.groklaw.net/article.php?story=20070920153227686 Just going through the case , the 'complainant' ( or 'plantiffs' ) are the copyright holders of that particular software and hence the basis of their case. Therefore, is my assumption correct that to enforce GPL compilance , the complainant has to be one of the following two individuals : a) Author of a GPLed software b) End user or consumer of a product which contains GPL software. And not any other third party ?? This is just one among many questions that I have regarding GPL compliance , apprieciate your feedback on this . Regards, Jasbir ___ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - September 28-29, 2007 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
Re: [ilugd] [X-POSTED] First GPL violation filed in USA
On 9/21/07, Raj Mathur [EMAIL PROTECTED] wrote: -BEGIN PGP SIGNED MESSAGE- Hash: SHA1 The first lawsuit for GPL violation in the USA has been filed yesterday against Monsoon Multimedia, who were distributing busybox without making the source code available. yup! it's a gpl2 violation, not a gpl3 violation. This appears to be primarily a precedent-setting action, [snip]..it would be a big step for GPL compliance in the US, and hopefully could also be used to get a precedent in India and other countries. India? hehehee, YES. well, there's more to the story than meets the eye, but anecdotal. monsoon multimedia http://monsoonmultimedia.com/, also has an office in india, right here in greater noida: http://monsoonmultimedia.com/contactus.html i reckon the said device, hava, was partly developed here in india, but ymmv, esp given that they are on the agra express highway. if there's anyone on the mailing list from monsoonM, would be nice to hear your point-of-view... :-) niyam ___ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - September 28-29, 2007 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
Re: [ilugd] [X-POSTED] First GPL violation filed in USA
On Friday 21 September 2007 12:15, Jasbir Khehra wrote: [snip] Just going through the case , the 'complainant' ( or 'plantiffs' ) are the copyright holders of that particular software and hence the basis of their case. Therefore, is my assumption correct that to enforce GPL compilance , the complainant has to be one of the following two individuals : a) Author of a GPLed software b) End user or consumer of a product which contains GPL software. And not any other third party ?? As far as I know only the copyright holder of the software can file for a copyright violation. IANAL however, and before you decide to bump off Linus Torvalds and then merrily violate GPL on the Linux kernel, you should consult a lawyer who knows about these things. Regards, -- Raju -- Raj Mathur[EMAIL PROTECTED] http://kandalaya.org/ Freedom in Technology Software || September 2007 || http://freed.in/ GPG: 78D4 FC67 367F 40E2 0DD5 0FEF C968 D0EF CC68 D17F PsyTrance Chill: http://schizoid.in/ || It is the mind that moves ___ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - September 28-29, 2007 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
[ilugd] [X-POSTED] First GPL violation filed in USA
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 The first lawsuit for GPL violation in the USA has been filed yesterday against Monsoon Multimedia, who were distributing busybox without making the source code available. This appears to be primarily a precedent-setting action, since MM had already acknowledged that they were using GPL source code in their product(s). If SFLC (the complainant) wins an injunction, it would be a big step for GPL compliance in the US, and hopefully could also be used to get a precedent in India and other countries. Story at: http://www.groklaw.net/article.php?story=20070920153227686 Regards, - -- Raju - -- Raj Mathur[EMAIL PROTECTED] http://kandalaya.org/ Freedom in Technology Software || September 2007 || http://freed.in/ GPG: 78D4 FC67 367F 40E2 0DD5 0FEF C968 D0EF CC68 D17F PsyTrance Chill: http://schizoid.in/ || It is the mind that moves -BEGIN PGP SIGNATURE- Version: GnuPG v1.4.6 (GNU/Linux) iD8DBQFG80u8yWjQ78xo0X8RAiJDAJ9O+06SfLhKvub6fwfX+kkS0AzLdgCfVs6o JG5GrsMhuiTlPQCkWYr/ezY= =ivLc -END PGP SIGNATURE- ___ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - September 28-29, 2007 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
Re: [ilugd] [X-POSTED] First GPL violation filed in USA
On 9/21/07, Raj Mathur [EMAIL PROTECTED] wrote: Story at: http://www.groklaw.net/article.php?story=20070920153227686 Nice, will follow up for some interesting updates -- See you at 'Freed.in - freedom in technology software' - India's leading free and open source community event. 28- 29 September 2007, New Delhi. Entry free, on first come basis. Register at http://Freed.in Linux User #348873 ILUGD General Secretary, GZLUG Moderator RKGIT Alumni(Guiding Light) Software Engineer , UnitedVillages http://gauravmishra.info/blog When i can run , i will run , When i can walk , i will walk, When i can crawl , i will crawl. But i will not stop moving forward ___ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - September 28-29, 2007 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
