Re:Voice.ai: GPL Violations with a Side of DRM
by doesnt_know on Monday February 06, 2023 @07:11PM
(#34686545)
It doesn't really matter if in practise the source is released, that's just one possible (ideal) outcome. As long as damage is done to those that abuse the license, that's ultimately what matters as a disincentive to prevent further/on-going abuse.
> A defendant found to have wrongfully included GPL'd code in its own proprietary work can be mulcted in damages for the distribution that has already occurred, and prevented from distributing its product further. That's a sufficient disincentive to make wrongful use of GPL'd program code. And it is all that the Copyright Act permits.
From your own quote. This is ultimately good enough. You either get the source or the proprietary software is knee-capped/no longer allowed to be distributed. From a Free Software perspective that's a win.
Re:Voice.ai: GPL Violations with a Side of DRM
by pessimizer on Monday February 06, 2023 @07:16PM
(#34686584)
Nobody wants anybody's proprietary source code. What they want is for the users of GPLed code to conform to the license terms or cease to use it.
The copyright-holder can take action against an organization producing proprietary software who is violating their copyright. Legally, they're violating the rights of the copyright-holder, not the end-user.
> The claim that a GPL violation could lead to the forcing open of proprietary code that has wrongfully included GPL'd components is simply wrong. There is no provision in the Copyright Act to require distribution of infringing work on altered terms. What copyright plaintiffs are entitled to, under the Act, are damages, injunctions to prevent infringing distribution, and--where appropriate--attorneys' fees. A defendant found to have wrongfully included GPL'd code in its own proprietary work can be mulcted in damages for the distribution that has already occurred, and prevented from distributing its product further. That's a sufficient disincentive to make wrongful use of GPL'd program code. And it is all that the Copyright Act permits.
https://lwn.net/Articles/61292/