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March 11, 2018 12:34 am

Linux Developer McHardy Drops GPLv2 'Shake Down' Case

Former Linux developer Patrick McHardy dropped his Gnu General Public License version 2 (GPLv2) violation case against Geniatech in a German court this week. ZDNet explains why some consider this a big "win":People who find violations typically turn to organizations such as the Free Software Foundation, Software Freedom Conservancy (SFC), and the Software Freedom Law Center to approach violators. These organizations then try to convince violating companies to mend their ways and honor their GPLv2 legal requirements. Only as a last resort do they take companies to court to force them into compliance with the GPLv2. Patrick McHardy, however, after talking with SFC, dropped out from this diplomatic approach and has gone on his own way. Specifically, McHardy has been accused of seeking his own financial gain by approaching numerous companies in German courts. Geniatech claimed McHardy has sued companies for Linux GPLv2 violations in over 38 cases. In one, he'd requested a contractual penalty of €1.8 million. The company also claimed McHardy had already received over €2 million from his actions... In July 2016, the Netfilter developers suspended him from the core team. They received numerous allegations that he had been shaking down companies. McHardy refused to discuss these issues with them, and he refused to sign off on the Principles of Community-Oriented GPL Enforcement. In October 2017, Greg Kroah-Hartman, Linux kernel maintainer for the stable branch, summed up the Linux kernel developers' position. Kroah-Hartman wrote: "McHardy has sought to enforce his copyright claims in secret and for large sums of money by threatening or engaging in litigation...." Had McHardy continued on his way, companies would have been more reluctant to use Linux code in their products for fear that a single, unprincipled developer could sue them and demand payment for his copyrighted contributions... McHardy now has to bear all legal costs for both sides of the case. In other words, when McHardy was faced with serious and costly opposition for the first time, he waved a white flag rather than face near certain defeat in the courts.

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