Copyright infringement versus LGPL licensing dispute

[Janez Pers]

Will Roberson wrote:

> The author's source code is available on github, in a single
> directory, and includes multiple files that contain modified versions
> of Arduino libraries. Additionally, the author credits the files to
> Arduino in his comments. Arduino specifies at
> http://arduino.cc/en/Main/FAQ that the C/C++ microcontroller libraries
> are released under the LGPL.
> 
> It is my understanding that since he is not simply linking, but has
> used modified versions of the Arduino libraries in his source code,
> this should make his program be at least licensed under the LGPL.

1. If he is *linking* *modified* versions of LGPL libraries, you are
wrong and he is right. The license should be then deducted in the
following way - this is all IMHO:

- there is a LGPL library A
- someone modifies A and makes library B
- the library B must be LGPL, since it is derived from A
- The program C may *link* either to library A or B and still
be closed source (meaning any license he chooses), and you are
infringing, and there is no other way out than to cease that
infringement...

2. If he is *using* *modified* versions of LGPL libraries (in
non-LGPL sanctioned way - e.g. static linking, copypasting
the code), you are right, and he is wrong - but you are not
necessary right! the license is then derived as follows:

- there is a LGPL library A
- someone modifies A and makes library B
- the library B must be LGPL, since it is derived from A
- any program that *uses* either the code from library A or B,
it is "infected with GPL", so it should be GPL.

(You was not very specific on how he uses the library B in his
program, so I cannot say if in your case applies 1 or 2.)

BUT! This does not mean you can assume the code is GPL. He is
infringing on the copyright of the authors of the library A, which
gives you the good leverage to make him comply with GPL/LGPL,
but his code is not automatically GPL licensed, it has an invalid
license, it is it inself in violation of the copyright and should
not be used/distributed by anyone (including him). In this case you
can contact the authors of A, and point out the blatant infringement
on his part, with thope that they will send him a cease-and-desist
letter too (and he will either properly license his code or stop
using distributing his project).

Janez.