On 16-07-28 05:05 AM, Harry van der Wolf wrote:
> What bothers me more is this:
>
http://molanisvr.com/78-molanis-vr/76-360-vr-image-stitching-software
>
> To me his now promoted software looks exactly like hugin. I assume (?) that
> mr. Valdes will act according all license obligations he has to prevent
> legal issues. The problem is that I can't find any reference to it.
> Based on that screenshot(s) his software must contains parts of hugins code
> base.
Mr. Molano is a resident of Ontario, Canada. As an Ontario lawyer and
as a former contributor to the Hugin code base I can assist with GPL
compliance issues in Canada.
DISCLAIMER: the following is not legal advice. it does not create a
solicitor-client relationship. it is not based on the specific
circumstances of anyone. for legal advice and assistance, contact a lawyer.
"Looks exactly like" is not enough ground for a copyright violation
finding. Copyright protects the expression of ideas, not the ideas
themselves. If the software has been written completely from scratch,
it is not in violation.
If the software is found to be derived from Hugin, the GPL is triggered.
The GPL is generally permissive of commerce, so promoting and selling
the derivate would not be a violation either, *if* the source code is
distributed with the derivate. With the derivate does not mean to the
public. A person must receive the software to have the right to receive
the source code.
Anybody who receives software without source code and thinks it is
subject to the GPL can ask the distributor for the source code. If the
distributor provides the source code, GPL compliance is achieved.
If the distributor does not provide the source code, the next step is to
negotiate an opportunity to find if the software is derived from Hugin
or not. It is a facts based analysis, usually done under a
non-disclosure agreement preventing the analyst who gets access to the
distributor's source code from using what has been learned during the
analysis for any other purpose but compliance verification. Some
software vendors put their software in escrow with the analyst. A
software escrow agreement provides them with additional benefits beyond
a one-off compliance verification. Both non-disclosure agreements and
software escrow agreements are complex legal matters. Seek the advice
and assistance of a lawyer before signing one.
If negotiation does not solve the issue, the ultimate escalation is a
copyright infringement action. It has to be brought by the copyright
holder, not the recipient of the alleged derivate. The recipient can
report the allegation to the copyright holder, and the copyright holder
can decide to take action. In Canada, the case would be heard in
Federal Court. A Canadian lawyer can represent any person in Federal Court.
Yuv