[License-discuss] Consumer protection, defective product

Dirk RIEHLE dirk at riehle.org
Tue Nov 2 18:12:20 UTC 2021


Hello everyone,

you may have seen this

https://www.natlawreview.com/article/gpl-open-source-litigation-could-open-door-to-other-suits

or similar in which the SFC sues Vizio over GPLv2 violation from the position 
of consumer protection, not from the position of an original rights holder. 
According to the article, this is a novel approach, and if it works out, would 
(indeed) greatly increase who has standing to sue.

When I talk to German lawyers, they tell me anyone who receives a product that 
violates open source license terms can claim they received a defective product 
and therefore have standing to sue. Is that not true in the US or did I not 
understand the laywers I talked to about this right? Or is there disagreement 
on this?

Curious, Dirk

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