[Libav-user] FFmpeg License Violation - What Are My Remedies?
nicolas.george at normalesup.org
Wed Oct 17 17:44:01 CEST 2012
Le primidi 21 vendémiaire, an CCXXI, Michael Zucchi a écrit :
> Of course, apk's and the android shop are somewhat problematic wrt
> to the second point. If you used the 'shop', then you actually got
> the application from google. So you are quite entitled to ask
> google for the source as they were the ones who `distributed' or
> 'conveyed' the software to you.
This is an interesting point. I believe Google could seriously argue that
their "app shop" acts as a service provider to allow the editor to
distribute the app.
To compare it with another situation:
If company A is producing and selling in its shop a physical device with its
firmware infringing the GPL, there is no doubt that its is doing the
distribution and therefore responsible for the infringement.
If said company A sells by mail order, is the delivery service responsible
for the infringement? I do not believe so.
If said company A sells to big resellers (hypermarket chains and so), are
the resellers responsible for the infringement? This is less obvious than
the previous case, but they should not be, as they have no way of knowing
they are infringing.
On the whole, I believe that no judge would hold someone responsible if they
infringe unknowingly because they themselves are victim of the same
OTOH, I really do not like the policy of Google's "app shop", especially
(but not only) with regard to their (lack of) handling of Free software
licenses, so if there was a way to force them to fix it, it would be nice.
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