[issue93] GPL violation between two companies and the customer

[Arnoud Engelfriet]

Shane M. Coughlan wrote:
> Both CompanyA and CompanyB are in violation of the terms of the GNU GPL
> licence.  Both must come into compliance.

Certainly. The problem is that only the copyright holder(s) have
standing to enforce the terms. In this case, one of the licensees
wants to compel the other to adhere to the terms. This is not
possible given only the GPL, as the GPL is a contract(*) between
the original copyright holder(s) and each individual licensee.

This is why it's a good practice to have your suppliers sign something
that says "If I give you GPL software, I will also give you everything
you'll need to comply with the GPL once you redistribute the GPL
software. I will pay $BIGBUCKS if I fail to comply."

Arnoud
(*) In Europe.
-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/