2 ms·

> "we did use the WordPress open source library for a minor part of the application" Well, now you must release the source code of that whole application, imme

by blintz 10y ago

> "we did use the WordPress open source library for a minor part of the application" Well, now you must release the source code of that whole application, immediately. There's no argument to be had, no "I did not even know we were fighting" - there's no fight, just legally binding requirements on what you release.

lwf 10y ago
The GPL doesn't force your hand; "you have to release your code" is never the case. You can always just stop infringing :) (IANAL, this is not legal advice)
- 0x0 10y ago
  Isn't the alternative admitting you have committed copyright infringement?
  - tptacek 10y ago
    Yes, but that only entitles you to monetary damages, which may be small in this case.
    - 0x0 10y ago
      Why do you think the monetary damages are small? Going head-to-head against a company that is apparently valued over $1billion by stealing their source code sounds expensive.
    - brazzledazzle 10y ago
      Depends on if it's determined to be "derivative" right?
    - dctoedt 10y ago
      Monetary damages can be in the amount of the infringer's profits arising from the infringement. [The following is copied and pasted from a Common Draft annotation:] Consider the case of Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc., 886 F.2d 1545 (9th Cir. 1989) (Frank Music II): [1] + The MGM Grand Hotel had a floor show called Hallelujah Hollywood!, which included ‘tributes' to various MGM movies. + The floor show incorporated significant portions of the musical Kismet, which had been made into an MGM movie. + The court found that this went beyond MGM's ‘movie rights' and therefore infringed the copyright in the musical. + The resulting damage award included not just a portion of profits from the floor show itself, but 2% of the overall profits from the MGM Grand's hotel operations — including 2% of the casino profits — which, the court found, were indirectly attributable to the promotional value of the infringing floor show. [1] https://scholar.google.com/scholar_case?case=16903471126265449346 https://scholar.google.com/scholar_case?case=169034711262654...

by blintz 10y ago

lwf 10y ago

The GPL doesn't force your hand; "you have to release your code" is never the case. You can always just stop infringing :) (IANAL, this is not legal advice)

0x0 10y ago
Isn't the alternative admitting you have committed copyright infringement?
- tptacek 10y ago
  Yes, but that only entitles you to monetary damages, which may be small in this case.
  - 0x0 10y ago
    Why do you think the monetary damages are small? Going head-to-head against a company that is apparently valued over $1billion by stealing their source code sounds expensive.
  - brazzledazzle 10y ago
    Depends on if it's determined to be "derivative" right?
  - dctoedt 10y ago
    Monetary damages can be in the amount of the infringer's profits arising from the infringement. [The following is copied and pasted from a Common Draft annotation:] Consider the case of Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc., 886 F.2d 1545 (9th Cir. 1989) (Frank Music II): [1] + The MGM Grand Hotel had a floor show called Hallelujah Hollywood!, which included ‘tributes' to various MGM movies. + The floor show incorporated significant portions of the musical Kismet, which had been made into an MGM movie. + The court found that this went beyond MGM's ‘movie rights' and therefore infringed the copyright in the musical. + The resulting damage award included not just a portion of profits from the floor show itself, but 2% of the overall profits from the MGM Grand's hotel operations — including 2% of the casino profits — which, the court found, were indirectly attributable to the promotional value of the infringing floor show. [1] https://scholar.google.com/scholar_case?case=16903471126265449346 https://scholar.google.com/scholar_case?case=169034711262654...