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> And yet a rogue employee, unknown to the rest of the company, violated it despite being told not to. I don't know exactly what the courts will decide in this
by toast0 2mo ago
> And yet a rogue employee, unknown to the rest of the company, violated it despite being told not to. I don't know exactly what the courts will decide in this case. It's still going to come down to the copyright violation. However, it likely won't be a source code release.
I would expect a court to compell a defendant to either comply with the license or cease distribution and possibly pay damages for unauthorized distribution... But I don't know that there's a good way to figure the damages and US statuatory damages likely don't apply because who registers their copyrights for open source code (or deposits copies with the Library of Congress)?
Infringement by a rouge employee, acting against policy, may be reason to limit punitve damages and stick to actual damages... But if it's an actual rogue employee acting against policy, I would expect the company to cease infringement, begin compliance, or negotiate for an alternative solution once notified about the issue anyway.
- bluGill 2mo agoI would expect that the defendant would already have stopped shipping anything that violates the license by the time it gets to court. However there is still the question of what the court will do about the part non compliance. By contrast here the courts are likely to force bambu to open everything since they are knowingly not in compliance. Though China is what makes this hard- the courts can say open everything but if China resists there isn't much more they can do. (Blocking all sales is an option)