I just always assumed this to be the case, but apparently there was some confusion as to whether software developers who release their code under a free software license can file a copyright infringement claim.
SAN FRANCISCO – In a crucial win for the free software movement, a federal appeals court has ruled that even software developers who give away the programming code for their works can sue for copyright infringement if someone misappropriates that material.
Source: Court says copyrights apply even for free software [AP]
Depending on the license covering the code, misuse could range from redistribution without attribution, reselling or reuse of the code in other works.
The thing people trip over most is understanding what the “free” in free software means. The Free Software Foundation say “Free software is a matter of liberty, not price. To understand the concept, you should think of free as in free speech, not as in free beer.” That means it is not necessary that the freedoms set by the OSI and FSF apply to all the software you can download for zero price.
The ruling, as I understand it, applies to the developers who release their software and its code under a license that allows other people to look at, modify, and/or redistribute the original authors work without having to obtain permission or paying royalties.
As a side note, here’s a great article on the FreeSoftware/Open Source debate if you’re interested in reading about it.
