Tag Archives: copyright troll

[$] A successful defense against a copyright troll

Post Syndicated from jake original https://lwn.net/Articles/752485/rss

At the 2018 Legal and
Licensing Workshop
(LLW), which is a yearly gathering
of lawyers and technical folks organized by the Free Software Foundation
Europe (FSFE), attendees got more details on a recent hearing in a German GPL
enforcement case. Marcus von Welser is a lawyer who represented the
defendant, Geniatech,
in a case that was brought by Patrick
McHardy
. In the presentation, von
Welser was joined by
Armijn Hemel, who helped
Geniatech in its compliance efforts. The hearing
was of interest for a number of reasons, not least because McHardy
withdrew his request for an injunction once it became clear that the judge
was leaning in
favor of the defendants
—effectively stopping this case dead in its tracks.

Patrick McHardy and copyright profiteering (Opensource.com)

Post Syndicated from jake original https://lwn.net/Articles/731941/rss

Over at Opensource.com, Heather Meeker, a lawyer who specializes in open-source licensing, published a lengthy FAQ on the GPL enforcement efforts of netfilter developer Patrick McHardy. In it, Meeker looks at how much code McHardy has contributed, specifics of the German legal system that may make it attractive to copyright trolling (or profiteering), and steps that companies and others can take to oppose these kinds of efforts.
Copyright ownership in large projects such as the Linux kernel is complicated. It’s like a patchwork quilt. When developers contribute to the kernel, they don’t sign any contribution agreement or assignment of copyright. The GPL covers their contributions, and the recipient of a copy of the software gets a license, under GPL, directly from all the authors. (The kernel project uses a document called a Developer Certificate of Origin, which does not grant any copyright license.) The contributors’ individual rights exist side-by-side with rights in the project as a whole. So, an author like McHardy would generally own the copyright in the contributions he created, but not in the whole kernel.

[$] The rise of copyright trolls

Post Syndicated from jake original https://lwn.net/Articles/721458/rss

At the 2017 Free
Software Legal and Licensing Workshop
(LLW), which was held April 26-28
in Barcelona, Spain, more information about the GPL enforcement efforts by Patrick McHardy
emerged. The workshop is organized by the Free Software Foundation Europe
(FSFE) and its legal
network
.
A panel discussion on the final day of the workshop discussed
McHardy’s methodology and outlined why those efforts are actually far from
the worst-case scenario of a copyright troll. While the Q&A portion of the
discussion was under Chatham House
Rule
(which was the default for the workshop), the discussion between
the three participants was not—it provided much more detail about McHardy’s efforts, and
copyright trolling in general, than has been previously available publicly.