Ask HN: how to respond to copyright infringement?

6 points by Jem 15y ago ↗ HN

Someone has lifted one of my PHP scripts in its entirety, removed the license files (GNU GPL) and is redistributing under his own name, demanding license fees of 200 euros from any commercial org using 'his' script.

It isn't the first time my work has been rebadged but previously a C&D via email has worked.

So, what do you do if a cease and desist is ignored and the host isn't interested without a court order?

Any advice - even if it's "get over it" - appreciated :)

6 comments

[ 6.0 ms ] story [ 25.6 ms ] thread

devmonk 15y ago ↗

Not legal advice for sure and take it with a grain of salt, but first I'd:

- Get all of the evidence you can that you distributed it first. If this requires contacting another company to confirm records of when you made it available, do that first to have it ready.

- Contact the FSF, send them that evidence, and ask what you can do/should do.

- Send a summary of the evidence you have (or at least some of it, and depending on what the FSF folks suggest) to the person, telling them you wish them to stop selling your script. They will probably stop.

If that doesn't work and FSF couldn't help I'd either:

1. Attack via social networking. Blog, comment, tweet, etc. the hell out of it in areas you know will affect his/her market, linking to your free source.

2. Just give it up.

Good luck!

BCM43 15y ago ↗

I would also like to add to contact the SLFC. http://www.softwarefreedom.org/services/ They are likely to also be helpful.

rcfox 15y ago ↗

I don't live in the US (and I'm not sure where you are, or the other guy), so maybe I've got this wrong, but isn't this what DMCA take down notices are for?

anigbrowl 15y ago ↗

DMCA takedown notice by an attorney. Could lead to all host's clients being excluded from US availability...in theory. Alternatively, namme & shame using git commit logs or similar to verify seniority of your code.

michael_dorfman 15y ago ↗

I'd lawyer up-- there's a principle involved, and IMHO it is worth the outlay of cash. If that's difficult for you, I'd contact the FSF and EFF, as the GPL is involved.

Jem 15y ago ↗

Thanks for the responses all - before posting this I blogged and that seems to have done the trick as the guy has caved.

I am sure this will be useful for future reference, though!