rdesktop and MochaSoft

Joseph Heenan joseph at heenan.me.uk
Mon Sep 22 21:30:23 CEST 2008


mr wrote:
>      > a) to remove the free and paid version from App Store (only place you
>      >   can download the software). It can take a few hours before
>      >   all App stores are updated.
> 
>     It is my understanding that those who have already bought the paid
>     version are entitled to the source code. You cannot simply undo the
>     release and hope that others would forget it.
> 
> Actually, I'm not so sure that's the case. If you breach the terms of 
> the licence you loose the right to use and distribute the covered 
> software, I don't know how that applies to previous releases.

There was no licence that enabled Mochasoft to distribute the earlier 
versions.

Effectively, it is the same action as if I sold copies of windows vista 
I'd made using a dvd writer. (That is, thinking about that same 
situation will give the many of the same answers about how this 
situation can be solved.)

Essentially, it all comes down to an agreement between mochasoft and the 
copyright holder(s). The holders would be free to sue for copyright 
infringement.

The people who bought the software have no right to ask for the source 
code, but I'd imagine would be within their rights to ask for a refund 
on the grounds that mochasoft was not able to legally sell them the 
software. Mochasoft could possibly avoid that be obtaining a legal 
license for the code, or by choosing to release the code.

In cases likes this, I would imagine no one cares enough to do anything, 
especially given the breach has stopped, but that's really entirely up 
to the copyright holder(s).

I believe the FSF policy (and I have no idea if any part of rdesktop is 
owned by the FSF or not) is to press for release of the source code, and 
(if they have had to use a lawyer) payment of their legal fees.

Joseph





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