Opposing the Monetization of Linux: McHardy v. Geniatech & Addressing Copyright “Trolling” in Germany
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Law, information technology, Free and Open Source Software, GPL, GNU General Public License, Copyright Enforcement, Linux, McHardy, Copyright Trolling, Litigation.Tóm tắt
Over the past several years, many companies have received warning letters in Germany for GPL non-compliance from a particular programmer – Patrick McHardy. In these letters, the programmer regularly claimed to own copyrights in parts of the Linux kernel and requested that the addressees sign cease-and-desist declarations – subject to the payment of contractual penalties to him personally, in the event of future instances of non-compliance. This article describes court proceedings in Germany opposing the programmer's efforts, why Germany has been the venue of choice for these sorts of non-compliance assertions, how one particular company successfully defended itself, and discusses how other entities accused of non-compliance using these arguments can also pursue a successful defense.
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