[Discuss] Ubiquiti Networks is creatively violating the GPL

[bogstad at pobox.com (Bill Bogstad)]

On Wed, Apr 8, 2015 at 8:23 PM, Greg Rundlett (freephile)
<greg at freephile.com> wrote:
> I contacted Riley to see if he's brought this to the FSF or Software
> Freedom Conservancy for help.
>
> It's good to ask people politely to comply with the law; and good to out
> them when they persistently refuse.

I agree with this, but if you have been following the news related to
VMware being  sued in Germany; you will know that a company will
string you along forever if they feel it is in their best interest to
not comply.  One big problem with getting companies to comply is that
only the copyright holder can actually sue.   An end user has no legal
standing to bring suit as they are not a party to any contract/license
between the offender and the copyright holder.  In many cases, that
would mean that an individual is personally responsible for finding
and paying a lawyer in order to bring suit.   In the VMware case, the
Software Freedom Conservancy (SFC) is helping to fund the case; but
isn't legally a party to it.   That is why I think it is so important
to fund organizations like FSF or the SFC.   Without them, enforcing
GPL would be a David and Goliath battle.  David may have won in the
Bible, but in real life that doesn't happen so often.  Also,  I don't
know if it is deliberate or not; but the FSF in the early days
required copyright assignment in order to accept contributions and I
think that puts them in a much better position to actually enforce the
GPL against  the inevitable violators.

On the other hand, copyrights in the Linux kernel are generally held
either by individuals or by for profit corporations.   Individuals
typically don't have the resources to enforce their copyright and
corporations have an odd relationship with the GPL.  They like access
to the code, but get worried when people start enforcing the GPL.
What if someone comes after them at some point?   People from the SFC
have publicly stated that they are a bit worried about donations from
corporations drying up as a result of this.   Hopefully that won't
happen, but if it does I'm not sure the community will step up to fill
the gap.   Unfortunately, we can't depend on organizations like The
Linux Foundation to engage in enforcement activities.  They are
a industry trade association.   Essentially bought and paid for by
corporations.   VMware is
even a member.

Bill Bogstad

P.S.  I am not a lawyer so consider that when reading any of the above
as legal advice.   It is true to the best
of my knowledge