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Protecting the open-source license commons

Protecting the open-source license commons

Posted Nov 12, 2018 18:05 UTC (Mon) by GoodMirek (guest, #101902)
In reply to: Protecting the open-source license commons by bkuhn
Parent article: Protecting the open-source license commons

bkuhn, I really appreciate your response. The valid point paulj makes and which is of my concern is that in many European jurisdictions including mine the Principles can never work the way they work in USA. In my understanding, paulj is asking whether lost profit damages are acceptable enforcement under the Principles.
The question is asked because only sustainable way to enforce GPL in my and many other European jurisdictions is via the lost profit damages.
In my eyes Principles are against that way of enforcement and you seem to second the Principles.
Am I misreading?


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Protecting the open-source license commons

Posted Nov 15, 2018 17:10 UTC (Thu) by Wol (subscriber, #4433) [Link]

As a European myself, I look at it simply ...

If I had any copyrights, I would contact a violator and say "we need to fix this". If they engage with me and want to put things right, legal enforcement should be unnecessary.

If on the other hand, they come back with a "sue me" attitude, I'd sue for everything I could get. And I don't see that as conflicting with the ethos of the GPL at all! If they wilfully ignore it, why shouldn't I go for every penny? But if it was accidental, and they are genuine, it would never have got that far.

Cheers,
Wol


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