3 ms·
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)
by 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 agoIsn't the alternative admitting you have committed copyright infringement?
- tptacek 10y agoYes, but that only entitles you to monetary damages, which may be small in this case.
- 0x0 10y agoWhy 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 agoDepends on if it's determined to be "derivative" right?
- dctoedt 10y agoMonetary 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...