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Author Topic: forcing module removal from other sites  (Read 3207 times)
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sixf00t4
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« on: June 24, 2005, 05:20:45 PM »

Am i right in thinking that is a right i have as an author?  To revoke priviledges to use of my modules on another site?
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Talisman
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« Reply #1 on: June 24, 2005, 05:46:49 PM »

Yes, although you should normally have a valid reason for demanding such (ie removing your credits).
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SaucyWench
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« Reply #2 on: June 25, 2005, 04:35:47 AM »

I'm not sure exactly how you're asking this question or in what context. I assume you mean code for version 1.x .

As I understand it, you can't simply decide you don't like my face and I can't use your module. If you released your code under the license and I comply with all the conditions of the license, I can use your code however I wish, providing I also make the code available to anyone who asks for it, and I comply with the license.

Talisman's answer I think refers to someone not in compliance with the license.

Kendaer, thoughts please?
« Last Edit: June 25, 2005, 04:36:26 AM by SaucyWench » Logged

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iamsure
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« Reply #3 on: June 25, 2005, 03:47:33 PM »

Am i right in thinking that is a right i have as an author?  To revoke priviledges to use of my modules on another site?
As you have phrased it, no, you don't.

Let me explain why. You, as an author, have copyright over your creations. You have the right to choose which terms to provide that creation to the world under. You could choose not to share it, to require people to sacrifice their first-born for a copy, and so on. It is your choice.

However, if you choose a license (especially, as in this case, an opensource license), you have essentially made an offer of terms: Meet these conditions, and you may use my code.

If a site complies with the requirements of the license, they can by definition then use the code. Thats what the license allows, which goes beyond personal opinion.

So, if a site complies with the requirements of the license, you cannot simply tell them they can't run your module - ie, you cannot revoke the rights you offered previously.

You *can* however change the terms for future releases, stop sharing your code, stop providing updates, and so on. You can at any point change your mind and take your code closed source. Of course, the internet has a long memory.

There are a wealth of options for authors to persue to deal with their code being used in inappropriate ways, but revoking rights isn't (as phrased) one of them. Once you've offered your code under terms of a license, that license is a valid choice for them to take.
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Sichae
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« Reply #4 on: June 25, 2005, 04:09:38 PM »

If the other site is not abiding by the terms met with the license, you do have all you need to ask the SysAdmin to take down all of your scripts, or the ones that they are violating.

You can set a deadline and if it is not held by that deadline, you are legally allowed to contact their ISP and get your scripts manually removed or have their server space shut down until they comply with the license.

I know of this, as I have had to go through this 2 times in the past 9 months.

Yet, as Saucy said, you can't just up and ask them to remove... you need a good solid reason.
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iamsure
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« Reply #5 on: June 25, 2005, 05:02:53 PM »

If the other site is not abiding by the terms met with the license, you do have all you need to ask the SysAdmin to take down all of your scripts, or the ones that they are violating.
I meant to touch base on that point.. if they are NOT meeting the license terms, you have a HUGE number of options at your disposal. At that point, its a vanilla copyright infringement case.

You can go to their provider, you can file suit, you can mention it on slashdot (grin), you can do any number of things.

But notably, none of those revoke their right to use the code. They *HAVE NO RIGHT* to use the code because they didn't agree to the license terms - which is the only "deal" on the table.

You either follow the terms, or you are committing copyright infringement.

Good catch Sichae. Sorry I didn't cover that. Smiley
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Kendaer
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« Reply #6 on: June 27, 2005, 04:47:48 PM »

As Saucy, Sichae and Iamsure have pointed out, those are the rules Smiley

An extention to that btw, is that if the site ever DOES come into compliance, they immediately regain the right to use code under the OSS licenses.  They are only forbidden for as long as they are in violation.   Of course, if something like this happened, and they were taken to court and they lost, THEN you could in fact get an injunction preventing them from ever using the code again or other such nastiness.   Once the courts actually get involved a LOT of things become more potent.

Hopefully it will never be the case that anyone has to take quite so drastic a step.

In Eric and my case we follow the following routine.
1) a contact to the admin via email or petition to correct the issue.  90% of the time this is all it takes.
2) A second contact, possibly via phone (you can find the registered owner/admin of a site via a number of different mechanisms)
3) A contact to the ISP informing them of the copyright violation -- This could invoke the DMCA if necessary.

All of the above can be done without lawyers and aren't more than a letter.  I have never had to go beyond the above steps and have only had to take the last step once.

However, if those fail, you hire a lawyer and effectively repeat steps one through three, except this time the mail comes from your lawyer, not you and has a bit more weight.

If *those* fail, then you get to file a case and get it before a judge.

However, by doing it this way you've shown two things.
1) that you will defend your copyright (which while copyright cannot be lost through non-defense still shows that you are interested in the work)
2) due diligence in working up through the system.

Both of those would look favorable to any lawyer/judge that I've ever talked to Smiley

of course, I am not a lawyer, so my advice is just that.
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