Friday, 06 August 2010 10:50

Court orders GPL compliance

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A court in the US has ordered a company not complying with the terms of the GNU General Public Licence ver 2.0 to stop distributing the software which was putting it in non-compliance and awarded damages to the plaintiffs.


The Software Freedom Conservancy and Erik Anderson, the developer of Busybox, filed the suit against Westinghouse Digital Electronics and 13 others over the distribution of the Busybox utility in HDTV products.

The US district court in the southern district of New York fined Westinghouse $US90,000 and ordered the company to stop shipping Busybox.

According to the judgement, the plaintiffs had informed Westinghouse on September 2 last year about the infringement. No notice was taken and Westinghouse continued to distribute Busybox.

After answering the complaint and complying with initial disclosures, Westinghouse ceased to meet its discovery obligations, the judgement said.

Due to this, on June 3, the plaintiffs moved for a default judgement or summary judgement against Westinghouse which was granted on August 3.

The company has undergone an assignment for the benefit of creditors - an alternative to bankruptcy under California law - and hence the plaintiffs will have to join the list of creditors who are entitled to claims.

Acting on the plaintiffs' request, the court also ordered that all products which have been already loaded with Busybox should be handed over to them for donation to charity.

 

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Sam Varghese has been writing for iTWire since 2006, a year after the site came into existence. For nearly a decade thereafter, he wrote mostly about free and open source software, based on his own use of this genre of software. Since May 2016, he has been writing across many areas of technology. He has been a journalist for nearly 40 years in India (Indian Express and Deccan Herald), the UAE (Khaleej Times) and Australia (Daily Commercial News (now defunct) and The Age). His personal blog is titled Irregular Expression.

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