Hello Nils,

I agree with you.

Huge companies earn huge amounts of money here
by cheekily violating copyright law.
The users on the other side are left alone by law,
as only the real copyright holders (GPL programmers) could act,
given they are made aware of it, have the energy,
the resources and the time for such stuff,
which they in 99% of the cases don't.

When free & open source software is found in a firmware,
*every user* should have the right to request the
source code, including an option for sueing the
violating company in case it does not comply.

One could argue with the software being open to everybody
being the intention of it's programmer and by him/her
having declared this by through appropriate
licensing, it should not anymore require
the programmer him/herself for sueing the violating company.
In my opinion the legislator has to
become active on this shortfall.

I understand you are an IT consultant.
I'm not a lawyer, but as far as I know (in Germany)
there exists another powerful measure: a warning.

A warning (+a punishment fee) can e.g. be issued by anybody,
who is creating free & open source software for a commercial
purpose and properly provides the source code for it.
The "opponent" companies would then formally be competitors,
and by not providing free & open source software source code they
would commit an act of unfair competition. This can be subject
to warnings with punishment fees by competitors.

I am an IT consultat myself and I have already several times
thought about issueing warnings to companies for unfair competition.
I am pissed off by their ignorance towards the
open source software programmer community.
However, I do lack the time and resources for actually doing so,
because I might really have to fight this through, possibly take
it to court etc.
I suppose, that's a similar situation for most open source programmers.
I believe however, that open source programmer rights should not
remain unclaimed and undefended.

A wild idea appeared:
A "GPL-Violations Fund" could be set up.
Pissed programmers could transfer their "warning rights"
to gpl-violations.org to be enforced in court if necessary.
The collected punishment fees could e.g. go to the fund,
from which free & open source projects are supported.
What do you guys think about that idea?

Best,
Matthias

Attachment: signature.asc
Description: OpenPGP digital signature

Reply via email to