[Ffmpeg-devel] Fw: ffmpeg LGPL violation

[Piero Bugoni]

I hadn't actually looked at the link below before my
previous response. I thought it was a free download. I
didn't realize they were CHARGING for it.

--- Michael Niedermayer <michaelni at gmx.at> wrote:

> Hi
> 
> ive just received the mail below, and as iam way to
> busy to go witch hunting
> ATM, iam forwarding this here
> 
> PS: iam searching a volunteer who can deal with
> license violations that is
> not just the one here but ffmpeg *GPL violations in
> general (that is
> 1. check them, 2. contact the violators and ensure
> that they stop violating
> and if possible get some compensation from them)

> GPL violation:
>
http://www.mp4converter.net/dvd-to-appletv-converter-mac.html


You found your volunteer... Can you say "strings
<binary-file>"?

I don't think "witch hunting" is an appropriate term.
"bitch hunting" is more like it.

I have a fair amount of legal experience, for a
non-lawyer, (hence my penchant for documentation).
Mostly I try to bring Civil Rights complaints against
pieces of shit in government, (like cops), who violate
People's Constitutional Rights. 

IMGNSIPO (in my grandiose, narcissistic,
self-important, psychopathic opnion...), I think
people who steal the creation of a hard-working,
dedicated group of volunteers like yourselves, and
then try to pawn it off as their own, are about the
lowest pieces of shit imaginable. It's kind of like
ripping off the  Salvation Army.

Generally Speaking:
In order to prevail in a lawsuit a party must have
sustained some kind of damage, and for that receives
compensation, typically money. However, by no means
are damages the only kind of relief available. One can
seek Declaratory, and Injunctive Relief. Declaratory
Relief is where the Court issues a ruling on the
Rights of the  Parties, or on an issue of law, or so
forth. Injunctive  relief is where a party is
compelled to perform a particular act, or cease and
desist such. (These would apply to Item 2, supra).

In order to be a party, one need not be a legal entity
like a corporation or a person. The Plaintiff can be a
"class" of people. (Hence the term "Class-Action").
"The ffmpeg developers" could be such a class. To be a
party, an individual would have to affirm their
existence in that class, and as a complainant. (i.e.
sign an affidavit to that effect).

The scumbags in question who ripped off ffmpeg, could
probably very easily be compelled to honor the LGPL,
if it can be shown (clearly and convincingly) that
they have violated it. (It may be necessary to show
actual damage by that violation, or that some
intellectual property Rights belong to the plaintiff
class. However, "outrage" is a tort, and counts as a
type of damage). (By the way, it's not even a good
rip-off. They could have at least changed the command
line options, or some  shit like that).

As for collecting damages, it may be necessary to form
a legal entity, "artificial person", like a trust, in
order to receive. There is no doubt in my mind that if
those fools make money off your shit, that they owe
you a piece of it. But to whom?

I do not know of any lawsuits on behalf of the
open-source community, but that does not mean they do
not exist. (Only that I do not know of any). If there
have not yet been any, or only very few, this is an
opportunity to create new law.

Lawyers may be open to take such a case for the sake
of  making a name for themselves. Otherwise a class
can appear collectively "Pro-Se". (Logistically
tricky, but entirely legal).

The dirtbag's website has no direct contact info,
their  whois info shows a generic registrant, (Domains
by Proxy, Scottsdale Arizona), and their website IP
geolocates to Tacoma Washington.

Ironic, two places where I have already done a
significant amount of litigation: Washington State,
(Seattle), and Maricopa County Arizona. (Phoenix). I
am VERY familiar with the Judicial system there.

When I find out where these fools are actually
located, (if anywhere), I'll post it. If they are
actually incorporated somewhere, that is the place to
start.

Piero.


 
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