conducting a sane and efficient GPLv3, LGPLv3 Review
Walter van Holst
w.van.holst at mitopics.nl
Thu Aug 2 22:08:38 UTC 2007
>> Frankly, I haven't seen any case where a GPL copyright owner has risked a
>> lawsuit to force the disclosure of a derivative work either, but that one
>> I'd be willing to take to court, perhaps even on contingency.
>Do you really think you'd find any judge willing to order that sort of
>specific performance as a equitable remedy, when lesser remedies
>involving injunctive relief and (if applicable) damages would more than
>suffice and are prescribed by statute? You're the lawyer, my good sir,
>but I have my doubts.
Actually, the disclosure of derivative works is a performance required by the GPL for those that distribute derivative works and therefore ordering such a disclosure would strictly speaking be a lesser remedy than any injunctive relief or payment of damages. The defendant in such a case already agreed to disclosure of derivative works by distributing them and therefore it would not be disproportionate from a legal viewpoint to ask a judge to order him or her to do so.
And now I'll try to say that again with a straight face :-)
More information about the License-discuss