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TikTok streaming software is an illegal fork of OBS

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Re: TikTok streaming software is an illegal fork of OBS

#251
post #202

I've always wondered if these license are legally enforceable. What if TikTok ignores the criticism and does nothing. Do the developers sue the company and will they get any money?

They could try to get money but they could also try to get a cease and desist order to compel them to stop if they don’t even post suit. Not sure if that means violating is criminal or anything but means you’re ignoring a court order which is a big no-no legally.

Re: TikTok streaming software is an illegal fork of OBS

#252
post #176

Earlier quoted context omitted.

Probably they are employed at companies who are themselves violating GPL and have seen this being done there.

How do you think companies end up violating GPL. Maybe sometimes it's a heartless executive, but a lot of enterprise software devs are completely unconcerned with licenses. If they can get their hands on it, the license doesn't matter.

I think a lot of software engineers nowadays write server software, where they can often be somewhat allowed to be unconcerned with licenses [1], since the actual binary produced from the code lives on the server, and is typically not distributed outside the company.

As a result of this, I think there's this mass misunderstanding of how licenses work in the software engineering field.

[1] With the exception of AGPL if I understand correctly.

Re: TikTok streaming software is an illegal fork of OBS

#253

Earlier quoted context omitted.

Yes.

Well, you've been misled. https://transparencyreport.google.com

If they're equally influenced by their national governments, perhaps you can also direct us to ByteDance's own transparency report, so we can compare?

Re: TikTok streaming software is an illegal fork of OBS

#254

Earlier quoted context omitted.

> The use of the word "illegal" seems problematic if this is a contractual dispute over (GPL) license terms No, it's not. > No one seems to be claiming that TikTok actually committed a criminal act “Criminal” is not the same as “illegal”, the latter includes any violation of law whether or not it is criminal.

This definitely looks like egregious and apparently intentional infringement, but violating the GPL is not violating a law in most countries; it's violating a license agreement. Contracts are not law. Therefore, violating the GPL by itself probably isn't illegal (but it could probably become illegal if other statutes, like CFAA or RICO were brought into play.) If I violate deed restrictions on my property by building…

> This definitely looks like egregious and apparently intentional infringement, but violating the GPL is not violating a law in most countries; it's violating a license agreement.

If they're not following the license, then aren't they breaking copyright laws?

Re: TikTok streaming software is an illegal fork of OBS

#255

In almost all cases, TikTok's offering would be considered a derived work because you cannot swap out the OBS part for another and still have it work. So they are likely in full violation unless they agree to open source all their code. Seems like a pretty open and shut case to be honest - that is, if they intend to pursue legal action and the powers that be rule appropriately.

I'm out of my depth here, but what makes you say they can't swap out the OBS part for something else? Do you mean they can't swap it without modifying the rest of the code, or can't swap it at all?

If they swap it out, they have to build code which does exactly the same/ has the same interface. It can still be considered a "derived" work. I'm not a lawyer but that was what op meant.

Re: TikTok streaming software is an illegal fork of OBS

#256
post #102

Earlier quoted context omitted.

Then it's not an open source software license.

I suspect you're conflating Free, Libre, and Open-Source Software. The first can be free (as in beer), the second free (as in you can do whatever you please with it), and the last is that the source is publicly available. GP's proposition would be Open-Source, but not FLOSS IIUC

You are mistaken. All three terms have the same meaning.

Re: TikTok streaming software is an illegal fork of OBS

#257

Earlier quoted context omitted.

Well, you've been misled. https://transparencyreport.google.com

If they're equally influenced by their national governments, perhaps you can also direct us to ByteDance's own transparency report, so we can compare?

That would be moving the goalposts. We're concerned whether companies are de facto influenced by governments, not whether those companies produce PR material about said influences.

Re: TikTok streaming software is an illegal fork of OBS

#258

It's concerning how many self-labelled software engineers on Twitter are chipping in with comments like "it's open source so it's fair game" or "they just need to add attribution".

It's reminiscent of people adding "no copyright intended" (sic) when posting other people's music online. It seems like intuitions about copyright have been shifting, even if the law hasn't.

> It seems like intuitions about copyright have been shifting, even if the law hasn't.

I think people actually know it's wrong and legally questionable.

I believe they do it because they simply want to do it and in the back of their minds, hope adding some bogus disclaimer will let them get away with it... because other people seem to be getting away with it.

Re: TikTok streaming software is an illegal fork of OBS

#259
post #180

How can you be so inept that you're literally stealing software, but are too incompetent to properly obfuscate it?

Right? They are not even trying.

Probably there is also a little spike in the logs of obsproject.org which could lead to some investigation.

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