Centre/SIS GPL violated by The Miller Group
schmad at gmail.com
Thu Mar 16 18:28:41 CET 2006
Ah ... I failed to mention that I did not sign any contract with The
We had a verbal agreement that I would receive a percentage
commission of all support services sold, but nothing further. Of
course, I'm not receiving commission checks any longer.
I have consulted a lawyer who agrees I own the copyright. The only
problem is that he says it would be expensive to enforce it.
On Mar 16, 2006, at 12:19 PM, Ed Wilts wrote:
> On Mon, Mar 13, 2006 at 07:39:00PM -0500, Andrew Schmadeke wrote:
>> I am the author of Centre/SIS which is released under the GPL
>> license. This has been distributed through a company I use to
>> consult for until December as well as freshmeat and
>> versiontracker, etc.
>> This company is called The Miller Group (www.miller-group.net). I
>> wrote the software as an independent contractor, and therefore own
>> the copyright.
> The "therefore own the copyright" doesn't follow. Just because you're
> an independent contractor does not mean that you own the
> copyright. The
> laws vary from one place to another and it also depends on what was in
> your contract. It's quite possible that you do not own the copyrights
> at all.
>> Shortly after I stopped consulting for The Miller Group, they began
>> to try to sell a commercial license for Centre to another company.
>> I contacted The Miller Group telling them not to do this, and
>> explaining the violation. The Miller Group has not responded to this
>> letter. Instead, they removed the copyright notices that contained
>> my name from the source code, and republished the software (under the
>> same version name). This new copy of version 2.5 also contained a
>> new file called copyright that says:
>> * @version $Id: index.php,v 2.5 2005
>> * @package Centre
>> * @copyright (C) 2000 - 2005 The Miller Grouop
>> * @license http://www.gnu.org/copyleft/gpl.html GNU/GPL
>> * Centre is Free Software
>> The Miller Group is also selling add-on modules which I wrote, but
>> never distributed.
> Again, they may own the copyrights to these modules and may be
> within their rights to sell these modules.
>> I'm just a college student, and my lawyer tells me it would cost
>> between $10,000 and $20,000 to get an injunction. What can I do?
> First, do you have proof that you own the copyrights? If not, you're
> dead before you go any farther. Did your contract state that you
> get to
> keep the copyrights to all code that you developed for them?
> Ed Wilts, RHCE
> Mounds View, MN, USA
> mailto:ewilts at ewilts.org
> Member #1, Red Hat Community Ambassador Program
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