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If you're violating your obligations under the GPL, then that means you no longer have a license to the software, and are committing copyright infringement by c
by pie_flavor 4y ago
If you're violating your obligations under the GPL, then that means you no longer have a license to the software, and are committing copyright infringement by continuing to distribute it. When you commit copyright infringement and used to have a license, the court doesn't demand that you do things listed on the license you used to have, it just fines you and tells you to stop committing copyright infringement.
The GPL is not a magic spell; you can't use it to force your enemies to do things they don't want to do. As a copyright license, it is used to protect your own work from being abused, and nothing else. And it is an agreement between the licensor and the licensee, irrespective of who else it benefits, so only they have standing.
- pabs3 4y agoThe idea that the GPL is also a contract (that also benefits third-parties) is being tested in California. So far the federal court (which hears copyright cases) agreed to send the case back to state court (which hears contract cases). https://sfconservancy.org/copyleft-compliance/vizio.html https://sfconservancy.org/copyleft-compliance/vizio.html
- tialaramex 4y ago> The GPL is not a magic spell; you can't use it to force your enemies to do things they don't want to do. On the other hand, court orders in many ways are magic spells, and there are circumstances where you can get the court to order Specific Performance as remedy. Courts don't love Specific Performance, you won't get far asking a court for this when monetary compensation seems effective, but sometimes the Court can see that's not an appropriate remedy and will order Specific Performance. Specific Performance requires that you do what the court demands, if you won't do what they demand that's contempt for which you can be imprisoned.