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Shane · 04-30-2006, 10:42 AM

I'm not sure. The thing I am saying is that usually, there is a dustributor and a distributee. The person who receives a copy is not generally the person being held responsible for "distributing". So, receiving the thing is not a violation of the license, even if one chooses to download it in bad faith, knowing full well they mean to break the agreement, they are not the distributer. Once the code has changed hands, it doesn't matter anymore about the license, because copyright law simply does not give any rights to check on or control that. Copyright is about copying, not usage. Fair use is another issue altogether, but it doesn't even come up here as long as the person who used the code for profit does not then go on to redistribute it in some fashion.

I imagine one sneaky thing one could do is apply to code there, wait to "receieve" the code in some form or fashion, then accuse Medievia of distributing after having broken the license, but as has already been posted as of my reading of your post, the Diku team themselves acknowledge they have no legal leg to stand on to demand a code audit.

I don't know what the legal ramifications are to faking an interest in coding there so that you can then receive code and accuse them of distribution.

04-30-2006, 10:42 AM	#55
Shane Member Join Date: Apr 2006 Posts: 159	I'm not sure. The thing I am saying is that usually, there is a dustributor and a distributee. The person who receives a copy is not generally the person being held responsible for "distributing". So, receiving the thing is not a violation of the license, even if one chooses to download it in bad faith, knowing full well they mean to break the agreement, they are not the distributer. Once the code has changed hands, it doesn't matter anymore about the license, because copyright law simply does not give any rights to check on or control that. Copyright is about copying, not usage. Fair use is another issue altogether, but it doesn't even come up here as long as the person who used the code for profit does not then go on to redistribute it in some fashion. I imagine one sneaky thing one could do is apply to code there, wait to "receieve" the code in some form or fashion, then accuse Medievia of distributing after having broken the license, but as has already been posted as of my reading of your post, the Diku team themselves acknowledge they have no legal leg to stand on to demand a code audit. I don't know what the legal ramifications are to faking an interest in coding there so that you can then receive code and accuse them of distribution.