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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

#411
post #180

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

Its entirely possibly the devs responsible for this hadn't even heard of the GPL or hadn't even read the license or just did it and didn't care about the consequences for their employer.

Re: TikTok streaming software is an illegal fork of OBS

#412
post #173

Could someone please help explain to me and (others who might not know) what is the concrete problem caused by this forking that doesn't comply with the license?

The GPL requires that any derivative work of GPL licensed code must also be licensed under the same (or compatible) license as the original GPL'd code. This is the "viral" aspect of the license. It applies even if the only interface between your code and the GPL code is dynamic linking, and not a single line of the GPL'd code is in your application. There are acceptable ways to bundle GPL code with closed source soft…

And why is it important for GPL to be honoured in this case? Like.. what protection is GPL providing here and to whom exactly?

Re: TikTok streaming software is an illegal fork of OBS

#413
post #289
post #201

Earlier quoted context omitted.

> mostly because it could be really bad if a judge gets it wrong and sets something stupid as precedent. At this point, isn't precedent already set? There have been more than a few GPL lawsuits where the courts ruled in favor of the GPL. This wiki has a list ( https://wiki.fsfe.org/Migrated/GPL%20Enforcement%20Cases ) of them. Some of those are in the US, others in the EU. Not sure if US judges have to consider prece…

I'd say there's not "enough," and in a sense, precedent is never binary, like "yes or no?" The law having distinctions and extensions and so on. US will probably find EU law persuasive but not binding. So broadly, I think at least part of the strategy is "don't wake the beast." You really don't want e.g. "Microsoft v. Tiny GPL guy" as a big case because the law is far from perfect and there would be a lot of potentia…

There is precedent from 2003 in the USA:

https://sfconservancy.org/copyleft-compliance/enforcement-st...

Re: TikTok streaming software is an illegal fork of OBS

#414

People expecting OBS to get millions from this are naïve. Almost certainly TikTok will change the software to just use OBS independently to avoid the issue. If OBS wants money they should use a dual license.

Nobody says they want money. They likely just want the GPL violation to stop, one way or another.

Indeed, enforcement actions should always be about making the compliance happen and never prioritize financial gain.

https://sfconservancy.org/copyleft-compliance/principles.htm...

Re: TikTok streaming software is an illegal fork of OBS

#415
post #297

Earlier quoted context omitted.

That's fine, except don't call it an "open source" license. That's a commercial license.

I think it's still open source, it's just not free right?

The Open Source Definition precludes that type of license, since it discriminates against Persons or Groups or Fields of Endeavor:

https://opensource.org/osd

You can of course create such a license, but it would not be an open source license, more like a shared source license or ethical license or something else.

Re: TikTok streaming software is an illegal fork of OBS

#416
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?

Enforcement of the GPL was done way back in 2003 against Linksys and resulted in the OpenWRT project. In Europe the GPL Violations project brought a lot of other cases. So there is plenty of precedent. The principles the FSF and Software Freedom Conservancy use when doing enforcement actions emphasise using legal action as a last resort and not prioritising financial gain (they usually just ask for legal costs and costs for verifying the violation).

https://sfconservancy.org/copyleft-compliance/enforcement-st... https://gpl-violations.org/ https://sfconservancy.org/copyleft-compliance/principles.htm...

Re: TikTok streaming software is an illegal fork of OBS

#417
post #407

Earlier quoted context omitted.

>illegal copying amd stealing ideas I find the notion that ideas can be owned to be anti-humanist. We finally invent something that costs nothing to share or copy, and we immediately invent reasons why we can't. Imaginary property was invented by and for lawyers.

If IP wasn't a thing then what would be the incentive to find new IP? Why would anyone make movies, do drug research, etc

This notion that creators are motivated exclusively for monetary reward is absurd. But forgivable. Just because the corporate variant of creators tend to best proliferate does not mean that they best innovate.

Re: TikTok streaming software is an illegal fork of OBS

#418

Earlier quoted context omitted.

> That would either mean open-sourcing the software or paying for a license no, in general it means TikTok rewriting those portions of the software themselves

So they can just steal until they get caught, make a bazillion bucks, and get off scot-free if they write their own code after getting caught?

I guarantee you every big tech company "steals" GPL code without intending to steal. Most end up amending their mistake when they realize they misused a license.

Re: TikTok streaming software is an illegal fork of OBS

#419
post #334

Earlier quoted context omitted.

" Eschew flamebait. Avoid unrelated controversies and generic tangents. " https://news.ycombinator.com/newsguidelines.html

My comment doesn't meet any of this criteria. The original article was about a Chinese company's unauthorized fork of OBS. It's semantics whether or not you consider an "unauthorized fork" as stealing, but I certainly do. So it's neither unrelated or a generic tangent, as it relates to intellectual property theft. It's beyond question both that China as a country is known for stealing intellectual property, and that…

Do you seriously think the Googles and Apples of the US have not used GPL code in commercial products, ever?

Yikes. All I see is a comment that teeters on the brink of racism and now you're trying to backtrack.

Re: TikTok streaming software is an illegal fork of OBS

#420
post #79

Earlier quoted context omitted.

The authors can re-license right, even for one (paying) customer? They could also pay for the promise not to sue? IANAL.

I remember reading that it should be able for users to sue instead of the author, if they cannot ccess the source of GPL'ed software.

The Software Freedom Conservancy are trying to set that precedent right now in their lawsuit against Vizio for GPL violations in their televisions:

https://sfconservancy.org/copyleft-compliance/vizio.html

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