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Copyright infringement by German contact tracing app

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Re: Copyright infringement by German contact tracing app

#51

Oh the irony. The LUCA app has been co-initiated and financed by Smudo [0], a famous German rapper. He was a supporter of Metallica suing Napster back in 2000 for copyright violation [1]. [0] https://www.chip.de/news/Kontaktverfolgung-mit-Luca-App-von-... [1] https://www.heise.de/newsticker/meldung/Smudo-vs-Napster-Da-...

It has been 21 years . Can we let the past go?

In this case I do not see a reason to do that

Re: Copyright infringement by German contact tracing app

#52

Maybe I don't know the full story, but from reading this post and the comments it's a shame how peoples attitudes are towards this. When people violate the GPL, it's most likely due to ignorance. I really think we should encourage and act positively when commercial/corporate/enterprise crap opens up their source code. When we find a GPL (or any license violation), why can't we approach it politely (in the first case)…

it was BSD not GPL

Re: Copyright infringement by German contact tracing app

#53

Maybe I don't know the full story, but from reading this post and the comments it's a shame how peoples attitudes are towards this. When people violate the GPL, it's most likely due to ignorance. I really think we should encourage and act positively when commercial/corporate/enterprise crap opens up their source code. When we find a GPL (or any license violation), why can't we approach it politely (in the first case)…

>I really think we should encourage and act positively when commercial/corporate/enterprise crap opens up their source code.

This is true.

>When we find a GPL (or any license violation), why can't we approach it politely (in the first case), educate on the license terms and ask them to comply.

I partially agree, but those companies often have an army of lawyers. It shouldn't be the responsibility of the internet to find GPL/license-violations in their code.

>But now my worry is, with the amount of hate these guys received, other companies that are already worried about opening up their codebase and contributing back to OSS, have had their fears confirmed.

Hate is too strong. It's more criticism.

Re: Copyright infringement by German contact tracing app

#54
post #3

Earlier quoted context omitted.

This is an official tracing app in several states in Germany, and probably soon in all of Germany. You're talking about the older Corona Warn App which does similar things (and is generally considered too limited), but without direct data transfer to public health authorities. That's what the Luca app does. Warn App is more for chance encounters tracking a person meeting other people. Luca is more for checking in and…

I don't know why you're getting downvoted. Where I live, they recently said they will open shops for a couple of days, and you can get in if either 1) you received a vaccine 2) you use the "Luca" app so it doesn't matter who developed it, it's being used as an official app (at least in some places).

Matters in that its not the government but a private company violating copyright.

Re: Copyright infringement by German contact tracing app

#55

Earlier quoted context omitted.

Not of the fine is set to be a ratio or proportion of your wealth or income.

You might be getting closer but someone who is just barely making ends meet could be ruined by that, where someone with obscene wealth can lose even 10% and still buy a yacht minutes later.

Yeah, but he can only do that a few times. It's a much, much better system than what we have today for most things.

Of course, it hinges on being able to tell how much income they have, which is (at least in Germany) the hard part, as the defendant is not required to help.

Re: Copyright infringement by German contact tracing app

#56

Earlier quoted context omitted.

Not of the fine is set to be a ratio or proportion of your wealth or income.

You might be getting closer but someone who is just barely making ends meet could be ruined by that, where someone with obscene wealth can lose even 10% and still buy a yacht minutes later.

In my homecountry someone gets hundreds of speeding tickets per year, always on the same road. Doesn't care. With a properly scaling fine they'll stop doing that quickly or lose out on more than just a little yacht.

I'd say it's a pretty decent step, especially when combined with confiscation of the vehicle if it's a repeat offender or a severe case. As you said it may not be perfect...but I'd rather see that than some careless people risking lives of others just because a speeding ticket is small change for them.

Re: Copyright infringement by German contact tracing app

#57
post #27

Earlier quoted context omitted.

Maybe it's the sarcastic inverted interpretation that is being downvoted?

Or perhaps that the comment adds nothing to the conversation?

I would disagree. I remember for example how the discussion was about how the various pharma companies make lots of private money with the vaccines, but did receive generous government funding - and how the comment, also here on HN was: whatever, as long as the pandemie stops. And we are talking about a Corona app here.

So I think the sarcarsm was valid ... but probably not the whole discussion about

Re: Copyright infringement by German contact tracing app

#58

Maybe I don't know the full story, but from reading this post and the comments it's a shame how peoples attitudes are towards this. When people violate the GPL, it's most likely due to ignorance. I really think we should encourage and act positively when commercial/corporate/enterprise crap opens up their source code. When we find a GPL (or any license violation), why can't we approach it politely (in the first case)…

> When people violate the GPL, it's most likely due to ignorance.

"OH, hey, a licence file. Let me delete that, I don't want to be bound bit it".

> When we find a GPL (or any license violation), why can't we approach it politely (in the first case), educate on the license terms and ask them to comply.

That was done, wasn't it? It was pointed out to the rightsholder that this commercial company was selling a product that included his code and were not complying with the licence.

> But now my worry is, with the amount of hate these guys received, other companies that are already worried about opening up their codebase and contributing back to OSS, have had their fears confirmed.

They can sometimes pay for separate licensing, or they can spend the money and write the software themselves. They want to keep it closed source and earn money by selling licenses (oh, the irony!) but shouldn't be called out when they violate other's rights because it might deter other violators? meh, I'm not buying it.

Re: Copyright infringement by German contact tracing app

#59

Earlier quoted context omitted.

> it's only "copyright infringement" if you don't have enough money for lawyers "If the penalty for a crime is a fine, then that law only exists for the lower class."

Not of the fine is set to be a ratio or proportion of your wealth or income.

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