Plugin foo_dsp_src violates copyright Options

[m3ga]

Dear Sir/Madam,

I am the author and copyright owner of software known as "Secret Rabbit Code" which is released
under the terms of the GNU General Public License.

On Monday August 8th 2005, I was made aware of a web site:

http://pelit.koillismaa.fi/plugins/dsp.php

which contains a php redirect link

http://pelit.koillismaa.fi/plugins/redir.php?id=494

which redirects to :

http://sbougribate.free.fr/Files/Foobar2000/foo_dsp_src.zip

which offers a binary derived from Secret Rabbit Code in direct violation of the GNU GPL [0].

I would like the people responsible for the above websites to do the following:

Free.fr (sbougribate.free.fr / Proxad.net):
Please remove the offending binary immediately. If the person who posted the binary
wishes to comply with the GNU GPL they can contact me at the email address listed
on the Secret Rabbit Code web page.

koillismaa.fi:
Please get the owner of the page:
http://pelit.koillismaa.fi/plugins/dsp.php
to remove the link to the binary as soons as possible and replace it with a statement that
the link was removed because of copyright violation.

I look forward to your swift reponse to this copyright violation.

Regards,
Erik

[Gabriel]

GPL cannot be linked to closed source code. Is Foobar2000 released under a GPL
compatible license?

I did not thought about that point.
In case of application plug-ins, I am not sure if this apply. The plug-in itself abviously falls under the GPL, but I am not sure about the application dynamically loading it. Is there a definitive and comprehensive answer about that?

[PoisonDan]

GPL cannot be linked to closed source code. Is Foobar2000 released under a GPL
compatible license?

I did not thought about that point.
In case of application plug-ins, I am not sure if this apply. The plug-in itself abviously falls under the GPL, but I am not sure about the application dynamically loading it. Is there a definitive and comprehensive answer about that?

I don't know, but I remember that we discussed this point several times before on this board. Maybe this part about GPL-related disputes contains some relevant information.

[m3ga]

I don't know, but I remember that we discussed this point several times before on this board. Maybe this part about GPL-related disputes contains some relevant information.

The link does explicity states that this issue has not been tested in court .

However, it does state that a number of companies release GPL licensed dynamic libraries
and have separate commercial licensing available for companies or individuals which want to
use the library but do not want to release their own source code.

Since a commercal use license is available for Secret Rabbit Code it should be pretty obvious
that I assert that dynamically linking to a GPL licensed library creates a derviative work of
of that library. I am in the process of updating the licensing web page:

http://www.mega-nerd.com/SRC/license.html

I will also be adding a notice to this effect under the GPL copyright notice.

In other news, KarlKox has contacted me and removed the binary from his web site. Thanks
Karl.

I am now looking into the possibility of making a Secret Rabbit Code based resampler available
for foobar2000 users while maitaining my ability to to dual license the code and earn an income
from it.

[rjamorim]

I am now looking into the possibility of making a Secret Rabbit Code based resampler available for foobar2000 users

...or users could just use one of the several high-quality resamplers available for foobar developed by people that actually know how the GPL works and what are the limitations involved, hrmmmm?

Food for thought:
in_mad
in_mpp (back when Musepack decoder was GPLd)
SNESamp
bbMPEG.PRM
... and countless other plugins for Winamp/Foobar/Photoshop/Audition, not to mention VST plugins and DirectShow filters, based on GPLd code.