Open Source Licence Non-Compliance == Legal Trouble


Open Source Licence Non-Compliance == Legal Trouble

Brendan Scott, September MMX

For those of you who haven’t seen it, I have recently released the results of some research work conducted into the Trade Practices Implications of Infringing Copies of Open Source Software.   Linux Australia has agreed to contribute some funding towards this research note.  This is Australian law specific.

The main finding of the research is that a corporate vendor selling an infringing copy of open source software is likely to be in breach of at least one section of Part V the Trade Practices Act 1974 (Cth) relating to misleading or deceptive statements or conduct, and likely more than one. There are many cases in which such breaches have been found in relation to infringing copies of software. Even where a vendor only offers to sell (as opposed to actually selling) an infringing copy they are still likely to be in breach of the Act.

The Research Note is available here: Research Note on Trade Practices Implications of Infringing Copies of Open Source Software and also from the publications section at opensourcelaw.biz.

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