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Sorry for the title, I don't master the subject enough to find a clear one.

I see that free licenses come with a "same license" and "disclose source" mentions, like stated here.

For instance, I have some software code under the GNU GPL v2 license on GitHub. If some evil developer want to steal my code and use it in a closed-source software, how could I be aware of it, and how could I prove it since I don't have access to his source code ?

Mureinik
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Dan Chaltiel
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  • Possible duplicate of http://opensource.stackexchange.com/questions/4693/agpl-v3-licensing-how-does-external-party-determine-if-modifications-were-made – Zimm i48 Nov 19 '16 at 10:20
  • This seems like an enforcement issue on your hands - protecting your GPL code from being used in closed source software. How you'd go about handling that, I'm not too sure. Most major companies do have some moral sanity when it comes to these things, and enforcing things would likely involve litigation, which becomes costly, and in the long run, unfortunately not worth it. – Zizouz212 Nov 24 '16 at 01:51

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For instance, I have some software code under the GNU GPL v2 license on github. If some evil developer want to steal my code and use it in a closed-source software, how could I be aware of it, and how could I prove it since I don't have access to his source code ?

You cannot and you should not care. The ransom of success is that you may get a few unethical abuses and a lot of free riders. That's OK: free software is about freedom. If someone evil is breaking the law secretly in this case eventually this will come back to bite them. Or not. You cannot deal with unethical behavior that you do not know about and should not waste time on this.

Philippe Ombredanne
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    Why shouldn't I care about violations of the license my code is distributed under? There will be a lot of free riders. That's sort of the idea of a Free/Open Source license. There will be people using my software for things I find unethical. That also is part of the deal. Using my software contrary to the license is not part of the deal. I may not want to pursue the issue, but that's my right. – David Thornley Dec 05 '18 at 21:59
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For instance, I have some software code under the GNU GPL v2 license on github. If some evil developer want to steal my code and use it in a closed-source software, how could I be aware of it, and how could I prove it since I don't have access to his source code ?

In a case like this there is really no way to find out where your code is used other than actually inspecting the suspected software, perhaps with a tool like this one: www.binaryanalysis.org

Mans Gunnarsson
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  • But inspecting proprietary software is often illegal. To prove that someone has committed a crime, you'd have to commit one yourself too. – Oskar Skog Mar 07 '17 at 19:24
  • Would you care to back that statement up with something, like a court ruling in that direction? We're not exactly talking about reverse engineering a product to start making clones. – Mans Gunnarsson Mar 07 '17 at 20:27
  • Law isn't exactly my strongest subject, but isn't it commonly mentioned in the EULA? Why would an exception be allowed. – Oskar Skog Mar 07 '17 at 20:45
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    There's a lot of stuff mentioned in EULA:s that does not seem to be enforceable in many legislations. But I'm not a lawyer. You should consult one if you're actually in a situation where you have found something suspicious through a method that might break the EULA. – Mans Gunnarsson Mar 08 '17 at 08:42
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If some evil developer want to steal my code and use it in a closed-source software, how could I be aware of it,

There are various tools that can be used to examine software binaries for indications of copying. For example, the strings command on a UNIX / Linux machine will reveal literal strings (versions, error messages) in a native code binary.

You could run these tools yourself ... modulo constraints on reverse engineering that might be imposed by the binary's license.

Alternatively, someone else could "tip you off".

and how could I prove it since I don't have access to his source code ?

If you have a well founded belief ... and a good lawyer ... you could launch a breach of copyright lawsuit against the suspected IP thief. As part of the discovery process, your opponent can be compelled to release the source code to a court appointed expert. The expert would be instructed to identify evidence of copying.

(Historically, you could also assign copyright of your GPL software to the FSF, and they would take action to defend it. I don't know if that still applies ...)

Stephen C
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