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| Authored by: Wol on Wednesday, October 17 2012 @ 06:32 PM EDT |
When the infringer doesn't have a licence and the copyright owner had no
intention of granting one.
Such as a big music publisher taking some indie band's song and putting it on a
compilation CD without even bothering ti ask.
(Sadly, I think that latter example is all too often perfectly legal ... :-(
Cheers,
Wol[ Reply to This | Parent | # ]
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- Easy - Authored by: Anonymous on Thursday, October 18 2012 @ 05:23 PM EDT
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| Authored by: xtifr on Wednesday, October 17 2012 @ 06:38 PM EDT |
How can the terms of the license not apply in a copyright
infringement case??
That's a silly question. It's like saying, "how
can you steal something that's for sale?" The license doesn't apply because it
says it doesn't. The license only applies to those who accept its terms and you
accept the license by complying with its terms.
From the GPL
v3:
You are not required to accept this License in order to
receive or run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission to receive
a copy likewise does not require acceptance. 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.
(Emphasis mine.) The GPL v2 is even more direct and
to-the-point:
5. You are not required to accept this License,
since you have not signed it. However, nothing else grants you permission to
modify or distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this
License.
---
Do not meddle in the affairs of Wizards,
for it makes them soggy and hard to light. [ Reply to This | Parent | # ]
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| Authored by: DieterWasDriving on Wednesday, October 17 2012 @ 06:41 PM EDT |
Twin Peaks filed this as a patent infringement case. They no doubt hoped for a
quick settlement or a big jury award.
Red Hat brought in the (quite obvious) copyright infringement.
I have to wonder why Twin Peaks didn't check for their own dirty laundry before
filing. Did they really think it wouldn't be brought up, or did their
developers not mention to management that they had liberally
"borrowed" code?
[ Reply to This | Parent | # ]
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