[mythtv] Fwd: MYTHTV -> GPL Violation (someone violating Mythtv GPL License)

Eric Sharkey eric at lisaneric.org
Tue Jun 17 20:55:31 UTC 2014


On Thu, Jun 12, 2014 at 9:38 PM, Gary Buhrmaster
<gary.buhrmaster at gmail.com> wrote:
> Actually, per the "rules" (at least in the US, I know no
> lawyers familiar with Polish copyright law), the release
> of the binaries, now that they are "out there", requires
> making the source available.

.. in order to be compliant with the license.  When not in compliance
with a license (any license) the copyright holder may sue for damages,
but cannot actually force the conditions of the license.

In other words, if I release a work with a license that says in order
to redistribute the work you must hop on one foot for three years, and
you distribute the work without hopping on one foot for three years, a
court may force you to pay me damages due to the license violation.
It will not force you to hop on one foot for three years.

Likewise, warpme cannot be forced to release his source, but he is in
violation of the mythtv license and could be sued for damages if the
copyright holders chose to do so.

> (*) There is a special exception where the work
> product was never intended to be distributed, and
> an unauthorized release occurred (see the HP
> touchpad android work product).

Is this just a convention on the part of most community members, or is
it actually in the license?  As far as I understood it, this was still
considered a license violation, just not one that anyone actually
cared to do anything about.

Eric


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