open-source-software gpl china
What are the potential legal consequences for a company that has GPL violations?
<p>In the news recently was that the smartphone company Xiaomi has not <a href="https://arstechnica.com/gadgets/2018/01/xiaomi-is-dragging-its-feet-on-the-gpl-again-this-time-with-the-mi-a1/" rel="nofollow noreferrer">released the kernel source code</a> for its Android phone that has been on the market for over 3 months. Since Android is based on the Linux kernel and that has GPLv2 licensing which, among other things, requires source code distribution, this is a violation.</p>

<p>What are the potential legal consequences for a company violating the GPL like this? Can they be sued (and if so, by whom)? Does it matter that a company like Xiaomi is based on China?</p>

<p>A person that fails to comply with a copyright licence does not have a licence to use the copyrighted material. </p>

<p>The owner of the copyright can take all the normal actions for copyright violation including seeking an injunction to stop the breach and/or suing for damages. Additionally, if the breach constitutes criminal activity, then the state can enforce those sanctions.</p>

<p>However, suing a Chinese company in a Chinese court is generally a hiding to nothing. I won't say the Chinese legal system is biased towards its citizens but I wont say it isn't either. However, a case can be brought in any jurisdiction where the breach occurs (e.g. the USA) and enforcement action can be taken against any assets located in that jurisdiction.</p>
