Re: [tlug] GPL question (again!)

[Kalin KOZHUHAROV <me.kalin@example.com>]

On Sep 8, 2014 6:48 PM, "Josh Glover" <jmglov@example.com> wrote:
>
> I have a completely hypothetical question for the GPL experts on the
> list (I'm looking at you, Steve).
>
> Let's say that some company has a piece of backend software with a
> REST interface. Let's also say that some idiotic developer stuck a GPL
> notice at the top of some of the source code files, despite the fact
> that no GPL code is linked in. This source has never been distributed
> in any way, nor have the compiled binaries. The binaries have only
> ever run on servers belonging to the hypothetical company for which
> the idiotic developer no longer works.
>
> Can the company legally remove the GPL notice from the source files?
>
IANAL... or expert.

But, I think they can.

However the former dev, having a copy of the source, can release it anytime. Or has already.

Company can try to seek employment misconduct, but will be hard. Especially now that we have a record of intent (you asking for legal advice on public ML), hypothetically.

Does the hypothetical company have proper development standards, documented and enforced? If they are hypothetical, would be hard to go after a hypothetical employee that hypothetically could have carried hypothetically GPL code in a hypothetical job misconduct.

Is it binary that has been deployed? If it was script e.g. _javascript_, it has already been distributed to many clients.

Kalin.