The Dutch software company open source blockchain Jelurida won a lawsuit in the Netherlands against Apollo Fintech for copyright infringement.
On September 22, a Dutch court ruled against Apollo for duplicating more than 75% of its code from the Jelurida Nxt (NXT) code, but failed to comply with the Jelurida Public (JPL) developer license. Besides Nxt, Jelurida is also the developer of the Ardor blockchain.
JPL allows other developers to freely use and modify the Jelurida token for Nxt blockchain, but the terms state that they must keep it open source and distribute their derivatives under the terms of the General License. …
Apollo is said to have violated these terms by replacing JPL in its programs with a special license in October 2019.
To win the case, Gelurida presented evidence to the court that “75.39% of Apollo’s code under the strings depends directly or indirectly on the NXT code.” After proving this, the judge ruled that Apollo must fulfill its JPL obligations in the Netherlands and must issue a recall of its products to all its customers in the Netherlands within seven days.
Fintech was also ordered to disclose information about the Apollo program it distributes, including sales prices, performance statements and the names of the program distributors in the Netherlands. Finally, the company must pay Jelurida’s legal invoice of € 38,781 ($ 45,470).
Apollo has now decided to drop the lawsuit, if US subsidiaries tried to sue Jelurida, and claimed harassment, Gelurida said.
However, in an interview with the Cointelegraph, Apollo CEO Stephen McCulla confirmed that the legal battle is far from over.
McCalla argued that the Gilorida case was driven by competition and that Gilorida had no right to change the license terms from open source to a paid jet propulsion laboratory. It has also been claimed that some of the original Nxt developers were not aware that Jelurida used Nxt.
McCull called the Dutch lawsuit “pointless” and said Apollo “added an open source license to [JPL] which only applies to extensions of the [Apollo] code.” Their code has always been 100% protected by the license. ”
The CEO said that Apollo has no sales in the Netherlands that will be affected by the decision. In the near future, he said, Apollo will have to create a special wallet for the Netherlands with a JPL proposal, “until we get the desired result – revoke the rights and make them open.”
According to McCulla, Apollo will sue in the United States because they believe the company can obtain at least partial rights to the NXT Code.
“Our first priority is to make a decision to remove Jelurida’s paid license so that NXT can return to open source status,” he said.
Gilorida boss and co-founder Lior Yaffe told the Cointelegraph:
“One of the reasons the Apollo case went to court is to prove that open source licenses are as valid and mandatory as the commercial licenses. Some people think that when the source code is available, they can do whatever they want with it, while there are actually some open source licenses, especially licenses. “Copyleft,” has additional requirements. ”
While Jaffe acknowledged that some oppose the distribution of many different types of source code licenses, Jaffe said that the current options are not always the best.
Yaffe told JPL “recognizes that the value of today’s blockchain project lies not only in the code but also in the unique blockchain presence and cryptocurrency token that the project maintains with its developers, communities and operators.” The value of the token is “preserved” and increased.
Regardless of the end result of competing claims from the two companies, it looks like the legal battle over licensing the code will continue.