mo_ztt, 1 year ago

Generally speaking I agree; I like how Perens is thinking about it.

I do think it’s pretty well established that the GPL “has teeth” though. The FSF has a list of enforcement cases against fairly large defendants; it looks like their record is 2 for 2 in the US. I think it rarely comes up, just because complying with the terms of the license is so no-brainer-ly easier than trying to make the legal argument that you can use someone else’s stuff for free while thumbing your nose at the terms and conditions they want you to abide by in order to do that.

I think most of the “big company ignores the GPL” things you hear about are either things like RHEL, where they’re carefully skirting the line in a clearly bad-faith way that has some decent chance in court for some particular reason, or else someone breaking the GPL and then their legal department looking at it for 2 seconds and telling them to stop doing that. The cases where someone with anything to lose actually doubles down and says “fuck you” are rare I think for pretty obvious reasons.

(Also, I just learned this today: When Best Buy did this in 2009, the judge eventually made them give the plaintiffs the TVs as part of the damages when it was all done. That’s the funniest thing I’ve heard all week.)