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Federal court rules that the GNU GPL is an enforceable legal contract

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https://qz.com/981029/a-federal-court-has-ruled-that-an-open-source-license-is-an-enforceable-contract/

>When the South Korean developer of a suite of productivity apps called Hancom Office incorporated an open-source PDF interpreter called Ghostscript into its word-processing software, it was supposed to do one of two things.

>To use Ghostscript for free, Hancom would have to adhere to its open-source license, the GNU General Public License (GPL). The GNU GPL requires that when you use GPL-licensed software to make some other software, the resulting software also has to be open-sourced with the same license if it’s released to the public. That means Hancom would have to open-source its entire suite of apps.

>Alternatively, Hancom could pay a licensing fee to Artifex, the developer of Ghostscript. Artifex allows developers of commercial or otherwise closed-source software to forego the strict open-source terms of the GNU GPL if they’re willing to pay for it.

>But after it began using Ghostscript in its software in 2013, Hancom did neither: it did not open-source its software, and it did not pay Artifex a licensing fee.

>At the end of 2016, Artifex filed a lawsuit against Hancom in the US District Court for the Northern District of California.

>Hancom issued a motion to dismiss the case on the grounds that the company didn’t sign anything, so the license wasn’t a real contract.

>“Not so,” said Judge Jacqueline Scott Corley in her order on the motion on April 25. Corley said the GNU GPL “provides that the Ghostscript user agrees to its terms if the user does not obtain a commercial license. Plaintiff alleges that Defendant used Ghostscript, did not obtain a commercial license, and represented publicly that its use of Ghostscript was licensed under the [GNU GPL]. These allegations sufficiently plead the existence of a contract.”
>>
Rich lawyers get richer.
Can't expect much from a license by a kike.
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>>60348748
Hello pajeet, mad you can't steal GPL code now?
>>
This has always been the case.
It's like saying federal court rules that murder is a crime, no shit sherlock.
Did you just share this to shill your website?
>>
>>60348659
>Hancom issued a motion to dismiss the case on the grounds that the company didn’t sign anything

This is some retarded logic here. If you had to sign something to make it legal binding then all open software licensing would be worthless.
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>>60349106
>open software licensing would be worthless

Open sores licenses are not real licenses. They are toy licenses. Real licenses require the user to place a signature.
>>
>>60349106
All software licensing in general would be useless.
>>
>>60349150
Clearly the judge thinks otherwise.
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>>60348659
based
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>>60349150
EULAs only require the user to press an "I Agree" button and it's already binding.
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>>60349203
Not in EU. EULAs are not binding there. Makes me wonder if GPL is enforceable in EU.
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>>60349240
Did you sign a contract saying you have to pay to download the Avengers movie ? Do you think torrenting the Avengers movie for free is ok in the eu ?
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>>60349300
The same applies with buying an item in a shop, you don't need to sign anything to agree to the contract of sale.
>>
>>60349150
Phew, good thing I never put my signature on any contract requiring me to abide by all laws...
>>
>>60349166
Judge is paid off by the FSF. Stallman personally wires bitcoins to offshore emails addresses. He also evades CIA niggers by travelling the worldly slums and teaching of communism.
>>
I don't know why some companies think the GPL is a fake contract just because the software is free. Shit is just as valid as software you paid a license for.
>>
>>60349367
Reminder that the social contract is unconscionable and a violation of the NAP.
>>
>>60349384
Free to download means free to steal.
>>
>>60349300
EU courts overruled EULA and deemed them invalid. And in your Avenger download/pay case if the purchaser is underage the seller have to refund the purchase if the underage purchaser didn't have permission to buy it.

As for torrenting there are other immaterial laws in play.
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>>60349397
you belong in the gulag
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>>60349408
Until letters from lawyers start coming in.
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>>60349415
GPL isn't an EULA, the user is allowed to do anything they please with the software. The only restrictions in it apply to developers and redistributors.
>>
Wait so if I were to say implement a data structure, such as an avl tree, and release it under the gpl then any program that includes my implementation must be released under gpl? Even if they don't modify it?
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>>60349203
EULAs aren't actually legally binding, they don't hold up in court.

No signature, no legal protection.
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>>60349843
>any program that includes my implementation must be released under gpl?
yes
>Even if they don't modify it?
yes

GPL is cancerous. If a developer includes a hello world program that is GPL into his 3 billion lines proprietary source code it's considered a derivative work of that GPL hello world program.
>>
>>60349843
yes nigger
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>>60350025
Unless you do magic with dynamic linking IIRC
>>
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>>60350025
What about if their program relies on a gpl program being installed? Say part of their code executes the hello world installed on the machine?
>>
>>60350104
Some say you can do that but I wouldn't want to be the first one to be tested in a court.
>>60350176
GPL is about linking. GPL Affero on the other hand is interesting. If I understand that license correctly you have to make your source code public if you for example speak with a MongoDB server.
>>
>>60350025
GPL is love. GPL is life.
>>
>>60350314
I like BSD and LGPL better. But that's when I use other people's code.
>>
>>60349150
>>60349997
Even if we were to accept that open source licenses still require a signature to be abided by, then Hancom is still in the wrong. If Hancom hasn't paid for commercial licensing then they either:

1) Tacitly accepted the terms of the GPL when acquiring the software, in which case they are on the hook for violating the GPL

or

2) Didn't accept any license and are distributing code that they have no license to distribute, putting them in violation of copyright.
>>
>>60350402
>Didn't accept any license and are distributing code that they have no license to distribute, putting them in violation of copyright.

So how come freetards have a problem when the music and movie industry do the same?
>>
>>60350345
Shoo shoo code leech
>>
>>60350418
>You have to open source your program if you use open source code in it for free
vs
>silly goy, you can't have free music and movies, consider paying us 15 bucks for the privilege of watching it in the cinema once
>>
>>60350025
its proprietary software that is cancer. theres absolutely no valid reason to make your program proprietary.
>>
>>60350518
>theres absolutely no valid reason to make your program proprietary
It's mine.
>>
>>60350518
FOSS isn't well known for commercial success. Revenue is a significant factor in software development.
>>
>>60350552
dont give it to others then. its probably malware if you have to hide its source code.
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>>60350518
For monetising my own software there are reasons. Yes I can go all this GPL path and offer to sell my services for support. The problem is that any other fucktard can do the same and leech on my work. I prefer to make it closed source or just have my contractor own my code and do whatever they want with it.
>>
>>60350593
why would it be bad for their revenue to use open source firmware in devices?
>>
>>60350643
I was talking about FOSS software developers generating revenue from their software.

Hardware will always cost money regardless.
>>
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>>60349843
>>60350025
>>60350176
This is apparently disputed
https://en.wikipedia.org/wiki/GNU_General_Public_License#Linking_and_derived_works

Libraries released under the LGPL may be used without having to release all source code under *GPL
>>
>>60350518
What if I need to make money?
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>>60350721
If your software is good, people will pay you to improve it because they need it.
>>
>>60350777
Who are these "people", and what service can they pay me to improve the software when they can just file a feature request for free on GitHub?
>>
License only matters if you're actually willing to sue people over it.
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>>60350821
>you are the owner of a popular project on github
>know your shit
>company uses your software
>needs feature x
>"hey can you add that?"
>yes, for money
>add feature
>you get money
>everyone gets better software
>>
>>60350615
No, I just don't want others to see it. It's mine, I wrote it and I have the right to make such decisions.
>>
>>60350939
Of course you are free to be an asshat. Doesn't mean people will praise you for it.
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>>60350821
>implying that anyone cares about feature requests
gtk would have that file picker with thumbnails it that was true.
>>
>>60350961
I never said I expected praise, I said I reserve the right to do what I want with my property.
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>>60349106
They really fucked up by admitting they knew about the license AT ALL.
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>>60350914
Until they realize they can just let Pajeet fork your project and add the feature to the fork.
>>
>>60350025
The incredibly simple solution is not to implement someone else's GPL licensed code code into your proprietary works... Seems if you want something to be completely yours, and owe nothing to anybody, you should just write all the code yourself.

>>60351398
To be fair, is ignorance of a license a valid reason for breaking it? I doubt if they just shrugged their shoulders and said "sorry, didn't know" that it would have changed the outcome much.

>>60351580
And then they have to keep Pajeet on the payroll indefinitely to maintain their forked version of the project. They could just pay the original maintainer a one time fee instead.
>>
>>60348659
Good. Fucking gooks need to learn you can't just take someone else's work and do whatever the fuck you want with it.
>>
>>60349997
>EULAs aren't actually legally binding, they don't hold up in court.
It's not that simple. Some parts are, some aren't. Most EULAs will try to absolve the company of any responsibility, which won't hold up. Some will also try to limit the users rights like the right to sell the software on as you could with any physical product, which also obviously won't hold up. Other parts of the EULA are legally binding and need to be adhered to. It's a legal minefield that most companies generally speaking hope the end user doesn't drag them into.
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>>60350703
Only if linked such that library can be replaced i.e. dynamically.
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>>60352449
Any work published without a license is automatically copyrighted implicitly iirc so ignorance of a license won't hold.
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>>60348659
When will they go after grsec?
>>
If nothing else the code still falls under copyright law and thus they're guilty of copyright infringement and would be required to pay the author compensation.
>>
When will they go after grsec?
>>
dynamic linking was a mistake
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>>60355887
>>60357088
What's wrong with grsec?
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>>60357459
Some idiots well turbo autism and want to shut down distribution of free software code.
>>
>>60357588
>Some idiots well turbo autism and want to shut down distribution of free software code.
...What?
>>
>>60350821
That model probably relies on some serious-as-fuck shit that most people don't understand at all. Something like what the Stanford Natural Language Processing group releases: most people don't really understand shit about how NLP works, but if they get Stanford's NLP software to work correctly in a program, a big company would probably dual license it, and have to pay them to make new features.

There's little to no hope that a new feature would be created exactly to your specifications on a project like that if you weren't paying money for it.
>>
>>60349240

Why is Europe so great
>>
>>60350176
GPL states it's fine if you use a GPL program as a user would use it. So invoking it in a command line with the correct arguments then parsing the output would be fine.
>>
>>60349106
But in Korea it works. You go into the grocery store, walk out with a bag full of stuff, the security guard catches you, and your response is, "I didn't sign a contract to pay for these items." And the security guard says, "Oh, that's OK then. Have a nice day."
Thread posts: 70
Thread images: 4


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