[Serusers] Open source Legal Issue

Mr Greg Plater gplater at da-bratz.com
Sat Aug 6 02:25:00 CEST 2005

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 at gigo.co.uk] 
Sent: Saturday, 6 August 2005 9:55 AM
To: Mr Greg Plater
Subject: Re: [Serusers] Open source Legal Issue


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.


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.
>Serusers mailing list
>serusers at lists.iptel.org

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