AW: Ikarus Security Software violating LGPL (Bochs, WINE and ReactOS)

[Neil Brown]

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Peter Kleissner wrote:

> To explain the story: No I have not sold any line of their code, they just accuse me because of a joke (an easter egg) I've made. 

It sounds as if this part of the business is entirely without the scope
this list- but, if you have no sold any of its code, then, joke or no
joke, would Ikarus not have a difficult time proving copyright
infringement, if they cannot actually point to any of their code in your
product?


> I want report here the LGPL violation, and look for support.

Great.

> They say "giving further business secrets to the advantage of foreign countries", and say because of a program I have published (also as open source) they had to develop a new anti-virus scanner version (they are loco) and want "at least" (their words) 23.000 € - and that is going to be discussed on January 25 in front of court.

Obviously something to discuss with your lawyer, but, proving a claim
such as this, irrespective of proving the quantum of damage, could be
difficult if, as you say, it has not actually occurred.

> Depends. If you steal open source and accuse then an ex-employee to sell the source then you should be aware that those claims do not fall back on you.

Following up on a violation report is one thing - but using a claimant's
infringement as a defence to a claim against you is not always possible
(c.f. my discussion of equity / estoppel in my previous email.)

> (for my court trial I'll get a court-appointed lawyer).

This is good news - at least you will have some representation. Do you
get to meet with them in advance?

If you have a clear, documented version of events as you see them,and a
copy of the source code of the work which you are distributing with an
explanation of the section containing the easter egg code, you might be
able to make best use of your time with your lawyer.
- --




Neil




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