Is it possible to sue infringers under the GPL?

2000-03-08 Thread Justin Wells
A big problem with the GPL, and other OSS licenses, is that very few people have standing to press a complaint. If someone violate's a GPL license, only the author of the software has the right to press the complaint (or so I think, and I am not a lawyer). Worse, if there are multiple authors,

Re: Is it possible to sue infringers under the GPL?

2000-03-08 Thread Seth David Schoen
Justin Wells writes: > A big problem with the GPL, and other OSS licenses, is that very few people > have standing to press a complaint. If someone violate's a GPL license, > only the author of the software has the right to press the complaint (or > so I think, and I am not a lawyer). > > Wors

Re: Is it possible to sue infringers under the GPL?

2000-03-08 Thread David Johnson
On Wed, 08 Mar 2000, Seth David Schoen wrote: > > Worse, if there are multiple authors, you probably need a majority > > of them present to press the complaint. How do you find out who the > > authors of an OSS project are, and how on earth would you track down > > a majority of them? > > I'm

Re: Is it possible to sue infringers under the GPL?

2000-03-09 Thread John Cowan
David Johnson wrote: > Ouch! Is that how people view Open Source modifications? It's a wonder > development even occurs. As I see it, if you submit a patch to my application, > and say that is what it is, that patch falls under my copyright. Not at all. Copyright subsists solely with the creato

RE: Is it possible to sue infringers under the GPL?

2000-03-09 Thread Rod Dixon, J.D., LL.M.
ginal Message- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]]On Behalf Of John Cowan > Sent: Thursday, March 09, 2000 10:04 AM > To: [EMAIL PROTECTED] > Subject: Re: Is it possible to sue infringers under the GPL? > > > David Johnson wrote: > > > Ouch! Is that how

Re: Is it possible to sue infringers under the GPL?

2000-03-09 Thread David Johnson
On Thu, 09 Mar 2000, John Cowan wrote: > Not at all. Copyright subsists solely with the creator, unless 1) the work > is made for hire, or 2) the creator has made an exclusive transfer of > copyright. The latter *must* be in writing. The FSF insists on such > copyright transfer for all GNU-off

Re: Is it possible to sue infringers under the GPL?

2000-03-09 Thread David Starner
On Thu, Mar 09, 2000 at 07:54:12PM -0800, David Johnson wrote: > On Thu, 09 Mar 2000, John Cowan wrote: > > > Not at all. Copyright subsists solely with the creator, unless 1) the work > > is made for hire, or 2) the creator has made an exclusive transfer of > > copyright. The latter *must* be

Re: Is it possible to sue infringers under the GPL?

2000-03-10 Thread John Cowan
"Rod Dixon, J.D., LL.M." wrote: > Well, to be precise, one of you is confusing the common sense meaning of > "creator" with the meaning of that term under copyright law. Creation of a > patch does not make you a creator under copyright. It seems to me that that depends on the substantial origina

Re: Is it possible to sue infringers under the GPL?

2000-03-10 Thread John Cowan
David Johnson wrote: > If someone sends me a patch with no notice of copyright in the patch, but an > attached email that says "here's a fix for your code", who does it belong to? I > assume that I can use it in my own code as if it were mine, no questions asked. IANAL, but I think you can treat

Re: Is it possible to sue infringers under the GPL?

2000-03-10 Thread David Johnson
On Fri, 10 Mar 2000, John Cowan wrote: > IANAL, but I think you can treat that as a constructive license, since a > non-exclusive copyright license need not be in writing. Of course, adding the > patcher's name to the contributors list is a matter of civility, not law. Of course I didn't mean t