RE: [Serusers] Open source Legal Issue - sr-users

6 Aug 2005

I say because alterations and configuring was done from many peoples works
on lists and forums, the work is already published and is covered by the GPL
and if any is not published it must be publish under the GPL. 

I don't see how they can deny me or any person working under the GPL the
right to use alter or distribute the applications again from the original
source code. As a contractor I believe if any source code is developed its
owned by the contractor and he is obligated under the license he developed
it the GPL for example. 

If the person is an Employee then the code developed would be owned by the
company Employing the staff member and the company would be obligated under
the license that applies example GPL.

I believe the outcome of this injunction places developers in the position
that once they develop something under the GPL then the company it was
developed for then has the right to say they can never use it again.

I don't believe the GPL was intended to allow this.    

-----Original Message-----
From: Iqbal [mailto:iqbal@gigo.co.uk] 
Sent: Saturday, 6 August 2005 9:55 AM
To: Mr Greg Plater
Subject: Re: [Serusers] Open source Legal Issue

Also

On one hand they dont want you to disclose, however on the othe hand 
they accepted GPL, if they argue GPL, and that you must handover, then 
the handover is to the public in general, hence you will be disclosing, 
which they do not want, they are contradicting themselves.

Iqbal

Mr Greg Plater wrote:

...
  5th Aug 2005 an order was handed down from a supreme
court judge in 
 Brisbane Australia at 10am.

 Injunction restraining the defendant his servants or agents from 
 directly using, disclosing, selling, transferring or in any other 
 manner dealing with the software written or developed or configured by 
 the defendant relating to the VOIP network proposed by the plaintiff 
 including any correspondence, notes , records or other documentation 
 relating to such software, and any variations on the same.

 The complete solution was based on open source applications and they 
 received a copy of the GPL before the project commenced and had been 
 given access to the source code used. I am unable to disclose the open 
 source applications used.

 I note i was required to shutdown the servers and the platform used 
 yesterday including private projects because the same base linux 
 version was used.

 The issue started when i was contracted to create a network based on 
 open source applications, the party contracting myself decided to drop 
 the project and items in the agreement between them and i are still 
 outstanding including payment and this is an on going battle in the 
 courts.

 Until that is all settled I'm not required to hand over the hardware 
 or applications, source code, notes etc... but under the license GPL i 
 am required to provide it so i have provided the source code etc 
 including all alterations made and there source code... This allowing 
 myself to stay within the license GPL.

 I don't believe they are able to give the injunction and need advice 
 on what or if anything i can do.

 My understanding of Open source. It is free to use alter or distribute 
 under the GPL and its conditions.

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