Re: [tlug] GPL question (again!)

["Stephen J. Turnbull" <stephen@example.com>]

Brian LaVallee writes:

 > Legally, you can do whatever you want!

No, legally there are lots of things he may not be able to do.

Of course he can physically do "whatever" and risk the legal
consequences, but that's not the same as being legal.

 > However, let's say the GPL is removed...  Many version later, the
 > company decides to sell this backend software.  You could have
 > serious legal headaches if a buyer stumbles across GPL code in the
 > software and reports the violation.

It doesn't matter whether the GPL was removed or never present as long
as the hypothetical removal was done in good faith, ie in the belief
that there was no GPLed code present.  If GPLed code was present, the
removal constitutes a tort, and if the copyright holder sues the
company may have to withdraw the product and will be liable for
damages.

If somebody who knew there was a high probability that GPLed code was
present were responsible, however, that is a crime (in the U.S.) and
that person could serve jail time, as well as pay fines, and then on
top of that the civil lawsuit would be nearly impossible to defend.
Note that unlike the tort, US criminal law requires "beyond reasonable
doubt", so you'd probably need a smoking gun (multiple witnesses or
documentary evidence) for a criminal prosecution -- I suppose the risk
is very low.

Other jurisdictions, other rules, of course.

Regards,