Re: [libreplanet-discuss] suggestion/help. GPL enforcement.

[Daniel Pocock]

On 06/06/16 22:06, Joshua Gay wrote:
> 
> 
> On 06/06/2016 02:46 PM, Daniel Pocock wrote:
>> That same principle goes on to read: "Occasionally, violations are
>> intentional or the result of severe negligence, and there is no duty to
>> be empathetic in those cases. Even then, a lawsuit is a last resort;
>> mutually agreed terms that fix (or at least cease) further distribution
>> and address damage already done are much better than a battle in court. "
>>
>> So, the law suit is still a last resort but it remains an option.
>> Waiting years to start a lawsuit means that the violator may enjoy
>> significant benefit in the meantime
>>
>> E.g. imagine a startup company who makes a successful app and sells the
>> company in 2 years for $10,000,000.  The original owners of the company
>> violate the GPL but they are long gone by the time the violation is
>> prosecuted.  Is that fair?  If the lawsuit had been made immediately,
>> buyers of the company would have backed off and the developers would
>> have sought to comply with the GPL somehow to have the lawsuit withdrawn.
> 
> Why would you need to wait years?
> 

A previous reply (from Adonay) had suggested the effort before starting
a lawsuit might take years

> The Principles we are discussing don't say you need to sit around. You
> can be aggressive and demanding in doing enforcement. Obviously when
> addressing your own particular legal situations you'll want to seek the
> advice of a qualified lawyer.
> 
> But, I'm happy to share a bit about the FSF's approach to doing
> compliance, which is most certainly in-line with the Principles document
> I cited.
> 
> When the FSF writes a letter to apparent GPL violators, the first things
> we want to do are:
> 
> 1) Get there help in confirming for us in writing that they have in fact
> violated the terms of the GPL;
> 
> 2) Get there commitment to work with us in a timely manner to resolve
> the GPL violation and to come into compliance as well as meet several
> other conditions (such as putting in place a free software compliance
> officer so that we have a single point of contact to work with to
> resolve such matters both during the compliance process as well as in
> the future)
> 
> 3) agree to cover any and all expenses for our time spent on working
> with them to come into compliance and to agree to make payment before we
> will reinstate their rights under the terms of the respective licenses.
> 
> 
> If a company refuses to work with us or they don't follow through on the
> commitments they agreed to in a timely manner, then what else can we do
> but bring them to court? Maybe we try contacting them more than once or
> resort to asking our lawyers to write a formal letter or something, but
> again, that is something that could happen in a matter of hours or days,
> it needn't be years.
> 
> Again, you will need to decide the best course of action for your own
> situation and you should get advice from a competent lawyer.
> 

Do you mean that is the approach taken when the intellectual property
rights have been granted to the FSF?

I fully agree that any negotiation should start out in good faith and in
the hope that it has been a misunderstanding.  Law suits should not be
motivated by greed or vindictiveness either.  At any time, if the
violator agrees to make good, a law suit can be withdraw.

Regards,

Daniel