6 Aug
2005
6 Aug
'05
3:25 a.m.
I say because alterations and configuring was done from many peoples works
on lists and forums, the work is already published and is covered by the GPL
and if any is not published it must be publish under the GPL.
I don't see how they can deny me or any person working under the GPL the
right to use alter or distribute the applications again from the original
source code. As a contractor I believe if any source code is developed its
owned by the contractor and he is obligated under the license he developed
it the GPL for example.
If the person is an Employee then the code developed would be owned by the
company Employing the staff member and the company would be obligated under
the license that applies example GPL.
I believe the outcome of this injunction places developers in the position
that once they develop something under the GPL then the company it was
developed for then has the right to say they can never use it again.
I don't believe the GPL was intended to allow this.
-----Original Message-----
From: Iqbal [mailto:iqbal@gigo.co.uk]
Sent: Saturday, 6 August 2005 9:55 AM
To: Mr Greg Plater
Subject: Re: [Serusers] Open source Legal Issue
Also
On one hand they dont want you to disclose, however on the othe hand
they accepted GPL, if they argue GPL, and that you must handover, then
the handover is to the public in general, hence you will be disclosing,
which they do not want, they are contradicting themselves.
Iqbal
Mr Greg Plater wrote:
5th Aug 2005 an order was handed down from a supreme
court judge in
Brisbane Australia at 10am.
Injunction restraining the defendant his servants or agents from
directly using, disclosing, selling, transferring or in any other
manner dealing with the software written or developed or configured by
the defendant relating to the VOIP network proposed by the plaintiff
including any correspondence, notes , records or other documentation
relating to such software, and any variations on the same.
The complete solution was based on open source applications and they
received a copy of the GPL before the project commenced and had been
given access to the source code used. I am unable to disclose the open
source applications used.
I note i was required to shutdown the servers and the platform used
yesterday including private projects because the same base linux
version was used.
The issue started when i was contracted to create a network based on
open source applications, the party contracting myself decided to drop
the project and items in the agreement between them and i are still
outstanding including payment and this is an on going battle in the
courts.
Until that is all settled I'm not required to hand over the hardware
or applications, source code, notes etc... but under the license GPL i
am required to provide it so i have provided the source code etc
including all alterations made and there source code... This allowing
myself to stay within the license GPL.
I don't believe they are able to give the injunction and need advice
on what or if anything i can do.
My understanding of Open source. It is free to use alter or distribute
under the GPL and its conditions.
------------------------------------------------------------------------
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