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How does a user have standing for a lawsuit? | 474 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
How does a user have standing for a lawsuit?
Authored by: Anonymous on Tuesday, July 03 2012 @ 10:02 AM EDT

All the lawsuits I've read about have been between the infringer and the copyright holder.

First: the user is not the copyright holder. As a result, they have no standing to enforce the loss of license which is between the copyright holder and the distributor.

GPL v2:

    3. You may copy and distribute the Program [snip] a) Accompany it with the complete corresponding machine-readable source code
    4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License.
    6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
GPL v3:
    8. [snip] Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License.
    9. [snip] However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License.
    10. Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
To put in context of the Law:
    What standing does a user have to sue?
    What relief can the user ask for?
    If the relief is not provided, what punishment can be requested?
I'm curious how you view the potential that a user can sue.... keeping in mind, that Copyright Law itself is very explicit that only a holder of one of the rights of Copyright Law has standing to bring a copyright lawsuit and Righthaven faced that reality the hard way.

RAS

[ Reply to This | Parent | # ]

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