From mboxrd@z Thu Jan 1 00:00:00 1970 X-Spam-Checker-Version: SpamAssassin 3.4.4 (2020-01-24) on polar.synack.me X-Spam-Level: X-Spam-Status: No, score=-1.3 required=5.0 tests=BAYES_00,INVALID_MSGID autolearn=no autolearn_force=no version=3.4.4 X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,43ae7f61992b3213 X-Google-Attributes: gid1025b4,public X-Google-Thread: 103376,faf964ea4531e6af X-Google-Attributes: gid103376,public From: hughett@chaplin.med.upenn.edu (Paul Hughett) Subject: Re: GPL and "free" software Date: 1999/04/26 Message-ID: <7g1sdh$nvo$2@netnews.upenn.edu>#1/1 X-Deja-AN: 471050594 References: <7fibd5$jc7$1@news2.tor.accglobal.net> <7fjucn$k4p$1@trog.dera.gov.uk> <7fkl3v$1e2$1@nnrp1.dejanews.com> <7fl5ac$9sh$1@news2.tor.accglobal.net> <7fl9q5$ab7@drn.newsguy.com> <7foo6s$qbm$1@nnrp1.dejanews.com> <37209ca6.1133249@news.pacbell.net> <7fudch$hsv$1@nnrp1.dejanews.com> <3723c38b@eeyore.callnetuk.com> Followup-To: comp.lang.ada,gnu.misc.discuss Organization: University of Pennsylvania Newsgroups: comp.lang.ada,gnu.misc.discuss Date: 1999-04-26T00:00:00+00:00 List-Id: Nick Roberts (nickroberts@callnetuk.com) wrote: : Wading rather trepidly into this issue, and with the understanding that I am : not any kind of legal expert (in UK or US law), I have wondered if there is : a potential problem with the GPL and similar licences, which I'll try to : describe. : Suppose party B obtains a work (of software), under the GPL, from party A : (paying nothing for it). Then suppose party B modifies this work to form a : work which they then sell to party C (who is not aware of its GPL heritage) : for a substantial amount of money. : Now, suppose party C subsequently discovers the fact that the work is : derived from a GPL work; what can they do? It seems to me that if party C : attempts to sue B, B can argue that C is not the injured party, because it : is not C's licence who's terms were breached. On the other hand, it seems : to me that if party A attempts to sue B (on behalf of C), B can argue that A : (or any other party, for that matter) has not suffered any financial loss, : and so are not entitled to any compensation (except, perhaps, for court : costs and legal fees). A lot will depend on the details of the transactions, but generally A can sue B for copyright infringement and C can sue B for fraud. Paul Hughett