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How To Fight International OSS License Violations? 54

sirshannon asks: "Frans Bouma's LLBLGen is a free, open source code generator that he licensed under the BSD license so that anyone could use it in any way, as long as they gave him some credit. Now Codease has released a product that apparently uses his code for 90% of the functionality but doesn't bother to attribute it to him. Frans lives in The Netherlands, Codease is in Singapore. What is the correct way to pursue this?"
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How To Fight International OSS License Violations?

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  • by lrdviperscorpian ( 686743 ) on Thursday March 04, 2004 @12:23AM (#8460125) Journal
    Buy a plane ticket and pack a baseball bat. wuss
    • You can borrow my black helicopter and sniper team, but only for the weekend.
    • Naw man.... (Score:1, Funny)

      by Anonymous Coward
      RTFBlurb. It's Singapore, they use fresh bamboo cane's. Best of all you can pick them up duty free growing outside the airport or even outside their corporate offices.
  • by Anonymous Coward on Thursday March 04, 2004 @12:24AM (#8460132)
    vigilante justice.
  • by trouser ( 149900 ) on Thursday March 04, 2004 @12:25AM (#8460138) Journal
    oh sorry, I thought you said SCO
  • Ask your lawyer! (Score:3, Informative)

    by Feztaa ( 633745 ) on Thursday March 04, 2004 @12:27AM (#8460141) Homepage
    Jeebus, is it that hard to figure out?
  • Hold up... (Score:5, Interesting)

    by linuxkrn ( 635044 ) <gwatson@lRASPinuxlogin.com minus berry> on Thursday March 04, 2004 @12:30AM (#8460148)
    Posted @ 3/3/2004 12:11 PM

    As a last resort I yesterday asked them why they didn't simply obey the license terms and suddenly they were willing to do so. I've mailed what I wanted them to do (adding a single line to the about box, as stated in the license) however haven't heared since. I'll try mailing them later today again.


    Looks like they may have changed their minds. Might want to hold off on the witch hunt... then again why they are so much fun. :)
  • by Via_Patrino ( 702161 ) on Thursday March 04, 2004 @12:55AM (#8460302)
    I don't care about BSD but as the title says OSS in general:
    Just threat it like a regular copyright violation case:
    1 - mail them
    2 - if it don't work publicize, mail FSF (if that's the case)
    3 - hire a lawyer in that country or an international lawyer company

    If your code is under GPL, FSF may provide you some legal help, but if it's BSD or an unkown licence you're probably sol.

    I've seen BSD violations myself, then I looked around for the BSD community in my country to tell them about it, but no signal of such community.

    As I didn't care very much about the violator (it was non-profit) or the original author (not a friendly guy in the first place), I let that untouched.

    Come on, you (BSD developers) want your name publicized (no matter what else is done with the code). How much community motivation (outside of the BSD developers field) has that cause?
    • Good luck with that. This is southeast Asia you're talking about. They don't know what copyright means around there!

      Not to mention their mastery of all things to do with online fraud... :-P

      Daniel
      • by PerryMason ( 535019 ) on Thursday March 04, 2004 @07:10AM (#8461625)
        Nice generalisation.

        Fact of the matter is that Singapore became a contracting party of the Berne Union in 1998 and so is bound by the same basic standard of copyright as the good ole US (or even Switzerland) and they're bound by the TRIPS agreement too.

        So we've established that the right is enforceable in Singapore. The question then becomes are there any barriers to actually enforcing that right? Well Singapore used to be a former British colony with a common law system so you've got pretty much the same chance of enforcement there as in any common law country (UK, Canada, Australia etc). Up until just a few years ago the highest court of appeal for Singapore was England's Privy Council so with any case potentially going there for the final decision, the nature of Singapore's law has been influenced greatly by any legal developments in the UK and the nature of legal proceedings is substantially the same.

        While you might have been one of the first countries to sign the convention, don't knock the latecomers! I might begin to think that you're sig might apply to the Swiss instead of Americans.
        • I was referring more to a general attitude than to the legal system. My friend operates a successful internet business (in the UK, I might add) and regularly gets fraud attempts from south-east asian countries, including singapore. About 90% of the fraud comes from that region of the world, so recently he's taken to simply blocking the whole lot - the lost business is cheaper than the time and expense of pursuing the fraud. Given this, and the general climate of "pirated CDs/movies widely available in shops
  • Misplaced blame (Score:5, Insightful)

    by drsmithy ( 35869 ) <drsmithy&gmail,com> on Thursday March 04, 2004 @01:09AM (#8460366)
    This apparently is the downside of releasing software under the BSD license: there are always lazy people around which just grab your hard work and act as if they spend 3 months of programming the stuff, because they didn't.

    No, it isn't a downside at all, because they're not following the BSD licence terms. If they were, they *wouldn't* be able to "grab your work and act as if they spent 3 months programming". The only reason you're "losing out" is because the other party hasn't followed the rules - it's got nothing to do with the licence itself (assuming you knew the implications of released something under it in the first place).

    *Exactly* the same thing could happen with GPLed code (and has - Linksys).

    • by Otis_INF ( 130595 ) on Thursday March 04, 2004 @03:55AM (#8461043) Homepage
      I'm Frans Bouma and I wrote LLBLGen and I deliberately chose the BSD license because I don't care if someone could use the code for their own product and sell it or whatever. The core of this issue is indeed that they didn't follow the rules of the license I released the code under. This is what hurts: your work is not acknowledged.

      What's annoying is that even when you release the code under a very non-strict license (BSD2 has 2 simple rules, 1 applies to the binary version of the work) people think they can even ignore that single, simple rule. This isn't the first time this happens with the code though, although this time it is so extremely obvious (.NET has nice decompilers so you can peek into the code very easily). It's so obvious because their code is non-hungarian coding style and my code in LLBLGen is written in hungarian coding style (which is uncommon in .NET code, because MS wants you to use a different style, ala Java). So all kinds of weird prefixed names are preserved in the compiled version of CodeAse and which makes the CodeAse code easily comparable with the compiled version of LLBLGen 1.x and the sourcecode.

      I admit, with the GPL it wouldn't have been any different: people are still able to rip the code and use it as if it is theirs, however with the GPL you have one difference: if the license violation gets out when it is a GPL violation, there are more people who will know this because the FSF / GPL movement will make sure everybody knows it. But I'm glad someone mailed /. :)

      The latest news is that there is no news: I haven't heard back from them, after they (him?) said it was acceptable to follow the BSD license after all and after I then replied that it would be ok if they added a Based on LLBLGen 1.x Copyright Solutions Design line to the about box.
  • Possible steps (Score:3, Informative)

    by dtfinch ( 661405 ) * on Thursday March 04, 2004 @03:05AM (#8460851) Journal
    1) Send them an email. (done?)
    2) Send more emails, make phone calls. (done?)
    3) Complain on Slashdot. ...Done
    4) Send postal mail.
    5) Litigate.

    Here's some contact info from their whois.

    Codease.com contact:
    Gary, Zheng sales@invenmanager.com
    200 Jalan Sultan
    #20-03 Textile Centre
    Sg, Sg 199018
    SG
    90467520

    Invenmanager.com contact:
    CAMSOLUTION
    Sales, Sales sales@invenmanager.com
    21B St Michaels Road
    Singapore, Singapore
    SG
    65-63960575

  • by Spudley ( 171066 ) on Thursday March 04, 2004 @04:12AM (#8461099) Homepage Journal
    You really need to talk to the FSF, because they will have the resources and the knowledge to help you.
  • by Talonius ( 97106 ) on Thursday March 04, 2004 @08:52AM (#8461919)
    It's BSD, Frans meant for it to be usable by others.
    It's GPL but not assigned to the FSF, you'll never get any help.

    I wager that open source developers, when combined under the banners of all open source licenses, become one of the largest special interest groups in the technological community.

    As a SIG we wield considerable power; consider the power such groups hold in the United States Congress. Consider - would you want your name to villified online for stealing code when it is common to search the Internet for an applicant's name now? What about those companies that practice peer interviews prior to hiring?

    Companies are likely to want to minimize their legal exposure as well. If your boss or shareholders know that someone has stolen code and that a controversy surrounds that code, there is a good chance the code thief will suffer from a lost job.

    But these things can only happen if we act in concert; as a unified group that is capable of taking action and responsible for the actions it takes. Someone here posted that vigilante justice was the answer and in a way it is. The rule of governments are held only because the entire population does not rise up against them. Mob rule. In our situation we'll find little help for the common developer whose license has been violated... except from ourselves.

    Slashdot, kuro5hin, Groklaw... these are three shining examples of what we can do as a community.
  • If you don't want people to profit from your work, don't release it as BSD.

    If you are so vain that you are willing to spend thousands of dollars to sue to have your name placed on something, have fun.
    • If you don't want people to profit from your work, don't release it as BSD.

      That's not the issue. The issue is they didn't follow the terms of his license, which has nothing to do with profit (the GPL's terms have nothing to with profit also for that matter).

      If you are so vain that you are willing to spend thousands of dollars to sue to have your name placed on something, have fun.

      He wrote it in the first place, so why shouldn't he deserve some recognition?

      • by Anonymous Coward
        He certainly deserves recognition since he wrote it. CodeAse also needs to be honest and open about the fact that there is an open source project that they used code from. Their customers shouldn't have to spend time to search through the millions of possible open source projects to find the duplicate and realize that they could have used a free version. They should have a choice. If they feel that the additional 10% difference in features is worth paying for, then they will.
      • The issue is that because you gave your software away, you really have no recource to enforce complance.

        Your options are:
        1. Ask the vendor to comply with the license.
        2. Sue the vendor to force him to comply.
        3. Raise hell with the user community.

        Option 1 has been done already, and the vendor simply ignored the complaint.

        Option 3 is probally doable, but it takes time & money to get the word out, especially since we're not talking about software that everybody is using.

        Option 2 will work, but will cost
  • In addition to finding a lawyer with international and/or IP experience, I would also recommend writing to the embassies in both countries, asking for a course of action. There are most likely trade agreements between the two countries that can help enforce the licensing terms. Someone else here mentioned that both countries are part of the Berne Union and TRIPS...

    IANAL.
  • It has been solved! (Score:4, Informative)

    by Otis_INF ( 130595 ) on Friday March 05, 2004 @05:14AM (#8473485) Homepage
    CodeAse has updated the tool so it now shows the correct copyright in the about box and in the documentation. :)

    Thanks for all the support!

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