malicious "subscription" websites and GPL

[Clemens Ladisch]

Michael Keppler wrote:
> We recently found that the German website opendownload.de hosts
> thousands of popular downloads (including TV-Browser) which you can only
> download by agreeing to a 2 years subscription for 96 Euros per year.
>
> We are quite sure that we (as developers) can not do much about the
> "subscriptions" that people may get into (unwanted).

It looks as if they are quite careful to comply with all applicable
(German) laws.

> Nevertheless we don't want our software to be connected to such a
> malicious website. As the TV-Browser software (and a lot of other
> software) is described there as "freeware" without mentioning the GPL,

They use "freeware" as a license category, and even explain what they
mean with that label.

> linking to it or providing any source code,

The GPL does not require this _before_ any binary has been distributed.

> does anybody have an idea if we can use that as a legal argument to
> stop them providing our software (and maybe others, too)? And even if
> so, how are the chances of enforcing such arguments in reality?

If you have the law on your side, enforcing it is rather easy (since
both you and the website are in Germany).  However, it doesn't look as
if they violate the GPL.

It might be possible that they do not provide (an offer for) the source
code when distributing the binary, but you won't be able to find this
out without buying a subscription.

Their contract terms do not restrict the usage of the software in any
way.

They do not misrepresent the authorship of the software (they even link
to the respective authors' websites), so they do not violate trademark
or copyright law in this regard.


It looks as if you have no legal argument to go against them.  (In fact,
the GPL protects them from any further restriction that you might try to
impose.)



Regards,
Clemens