[License-discuss] Consumer protection, defective product
Roland Turner
roland at rolandturner.com
Thu Nov 4 03:28:48 UTC 2021
On 3/11/21 02:12, Dirk RIEHLE wrote:
> 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.
This is spectacular. In >2 decades of open source advocacy, it never,
ever occurred to me to treat the harm done to the recipients of modified
copyleft software without access to the modifications as standing. There
seems no impediment in principle; whether it will stand up in a
particular jurisdiction is an open question; this case may provide an
answer.
The point that software freedom for the user of the device, control of
personal data collected/processed by the device, and right to repair are
all important values for the owner/user of the device is so obvious that
I've even spoken on the first two
<https://www.youtube.com/watch?v=WNRN70XrLhs> but the idea that
violating these values might both give rise standing by the same party
just hadn't occurred to me.
- Roland
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