[svlug] HP's Quickplay - Where's the Source?

Jeffrey Siegal jbs at quiotix.com
Fri Dec 31 16:14:00 PST 2004


Rick Moen wrote:
> That is, they would then be committing the tort of copyright violation.
> You'd be doing them a favour letting them know so they could fix that
> situation.  However, the notion that being in that (uncomfortable)
> situation somehow obliges the infringer to "make source code available"
> is a common misconception:  All the injured parties can get, if they
> sue, is court-ordered cessation of the infringing activity, and (in some
> cases) monetary damages.

That's not necessarily the case.  If you can successfully argue that the 
GPL binds the infringer under contract law, then you can seek, and the 
court may award, "specific performance," which means making them do what 
the contract says they will do (i.e. distribute source code to those to 
whom binary code was distributed).

There is precious little GPL case law, so whether this would ever 
actually happen is impossible to say.




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