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Could GPL include a clause such that, when abused like this, the code of the offending app would become GPL code as well? Imagine people start "stealing" TikTo

Could GPL include a clause such that, when abused like this, the code of the offending app would become GPL code as well? Imagine people start "stealing" TikTok code, TikToc sues, and now the defendant has their day in court to defend the GPL, at TikToks expense.

lmm 5y ago
Remember that what you're legally entitled to is statutory damages ($50k per act of infringement or $150k for wilful infringement) plus whatever actual damages you can prove (probably 0 for a hobbyist). You can negotiate whatever alternative settlement you like, which might mean e.g. regular audits of their code at their expense (the BSA does this kind of thing for a lot of commercial software). But they always have the option of just ponying up that $50k/copy, so you can't be too onerous.
- mannerheim 5y ago
  Can each download be considered an act of infringement?
  - lmm 5y ago
    Maybe; that's the argument that the MPAA etc. used to threaten people with, but I'm not aware of any court having ruled definitively one way or another.
- Buttons840 5y ago
  I'm thinking of infringers in China, for example. You wont win any damages from them, but if the GPL says that by using it, you agree to also release you own code under GPL, then at least everyone could start copying China's code. And if they complain, just point to the GPL code they used and say "you agreed to this by using the GPL code in the first place".
  - grayfaced 5y ago
    That only works if they "agreed" to the license in the first place. Without a license, it's just copyright infringement which is controlled by statute. There is no shrink wrap license on source code.
  - lmm 5y ago
    That's not how the law works; you have certain rights, but you don't get to make up your own unilateral contract that says what you can do to someone infringing your rights, just like you can't e.g. steal someone's goat because they stole your cow (or vice versa).

lmm 5y ago

Remember that what you're legally entitled to is statutory damages ($50k per act of infringement or $150k for wilful infringement) plus whatever actual damages you can prove (probably 0 for a hobbyist). You can negotiate whatever alternative settlement you like, which might mean e.g. regular audits of their code at their expense (the BSA does this kind of thing for a lot of commercial software). But they always have the option of just ponying up that $50k/copy, so you can't be too onerous.

mannerheim 5y ago
Can each download be considered an act of infringement?
- lmm 5y ago
  Maybe; that's the argument that the MPAA etc. used to threaten people with, but I'm not aware of any court having ruled definitively one way or another.
Buttons840 5y ago
I'm thinking of infringers in China, for example. You wont win any damages from them, but if the GPL says that by using it, you agree to also release you own code under GPL, then at least everyone could start copying China's code. And if they complain, just point to the GPL code they used and say "you agreed to this by using the GPL code in the first place".
- grayfaced 5y ago
  That only works if they "agreed" to the license in the first place. Without a license, it's just copyright infringement which is controlled by statute. There is no shrink wrap license on source code.
- lmm 5y ago
  That's not how the law works; you have certain rights, but you don't get to make up your own unilateral contract that says what you can do to someone infringing your rights, just like you can't e.g. steal someone's goat because they stole your cow (or vice versa).