Successful cases of rights protection of open source projects: successful rights protection of SPuG open source operation and maintenance platform

Spug The open source operation and maintenance project is 2017 In Github Open source , And continue to maintain so far , at present Github On Star The number is close to 7.6K,2021 year 1 May found that the old boy education infringement , Pass by us 1 More than years of rights protection , Now the result has finally come out ！

The cause of the matter :

2021 year 1 month ,Spug Users report to us , The old boy was educated in Beijing 2020 New courses were launched at the end of the year 《 Operation and maintenance automation course 》, The items in the course Hippo, From function introduction to interface layout , It all looks like Spug The project is as like as two peas . The education of old boys is in the propaganda course materials , There are even several places where Spug The text watermark has not been removed . In terms of the content of external publicity , Take it directly Spug Change the name of open source project , It's the old boy's own project ！！ Some users even think that Spug Open source operation and maintenance projects are plagiarism Hippo Project , When we discovered this behavior , Active contact with old boy education , But the old boy education doesn't care about us at all , Then we issued an article stating ：《 Statement on rights protection of education for old boys - Spug Operation and maintenance 》, The article points out the old boy's automation operation and maintenance course and Spug The similarity of the project , And declared that it would defend its rights against such infringement .

The other side responded :

After our announcement , The old boy education issues a document 《 Yes Spug Description of the response to the issue of operation and maintenance rights protection 》, in an article , The old boy accused Spug Slander the educational reputation of old boys , And infringe upon the old boy's right to education and reputation , And said it would take legal measures to safeguard its rights and interests , It is also explained in the article “ Old boy education Python automation hippo project , Is from the old boy by the old boy education Python The teaching and research team and the front-line operation and maintenance personnel of the enterprise jointly develop and realize a complete set of code ”

“ As for the publicity documents, there are spug The screenshot is hippo The project has not been developed yet , The editors did not pay attention to spug The screenshot of the project interface is cut in .”

We respond to :

The response to the old boy , We believe that the education of old boys is confusing black and white , Twist the facts , Our lawyer has actively contacted the old boy education for eight times , But the education of old boys has always been shirking the problem , in the light of Hippo We have also posted more evidences for the project , prove Hippo Function introduction of 、 Function screenshot and part of the code Spug Open source projects are the same or similar . Then we published a response article 《 After the old boy's education plagiarized, he made eight " trick ", Lie level explosion ！ The truth is here ！》

Final result ：

After more than one year's efforts of our lawyers , Originally 2022 year 3 month 17 The case will be heard in Shanghai Intellectual Property Court on the th , However, due to the force majeure of the epidemic situation in Shanghai , This led to the suspension of the Shanghai court , Shanghai Intellectual Property Court 6 Organize online court sessions in January , Under the repeated mediation of the court , We reluctantly accept the education of old boys to clarify “ reference ”Spug, Eliminate the right Spug Influence , And compensation scheme . Finally, the old boy sent a document 《 About 2021 Clarification statement of automation operation and maintenance platform project course 》 Recognize the old boy automation O & M project Hippo, Learn from it Spug Part of the code and function introduction of the open source operation and maintenance platform project , Acknowledge the use of Spug Screenshot of open source operation and maintenance platform .

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What I want to say :

Open source projects are open source , But it doesn't mean that it can be trampled arbitrarily , Arbitrary commercialization , Open source projects have open source agreements , The use of open source code is subject to the relevant software license agreement , Open source does not mean no copyright , Open source does not equal charity .

Many open source projects in China are individual or small team developers , When encountering open source projects that are used by commercial companies , You must find a lawyer to protect your rights , After discovering the infringement , You can leave everything to a lawyer , A lawyer will help you analyze the pros and cons of different solutions , Balance risks and benefits , and collect evidence 、 Fixed evidence 、 Prosecution 、 Litigation, etc , A lawyer may also act on the court session , What the project author has to do is cooperate with the lawyer , Then sit back and wait for the result , Here I can recommend those who help us protect our rights 【 Shanghai Botuo law firm 】 Lawyer jiangshengyang, a programmer .

About Spug:

Spug It is designed for small and medium-sized enterprises Agent The automatic operation and maintenance platform , Integrated host management 、 Host batch execution 、 Host online terminal 、 File upload and download online 、 Application of release 、 Task plan 、 Configuration center 、 monitor 、 Alarm and other functions . Open source links ：github.com/openspug/spug

Recently we released 「Spug Push assistant 」 Help to quickly implement the telephone 、 SMS 、 mail 、 anonymous letter 、 nailing 、 WeChat 、 Fast push of enterprise wechat and other multi-channel messages . The user only needs to call a simple URL, You can complete the multi-channel message push . link ：push.spug.cc

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For more information 、 video 、 Welcome to the official account ： Spug Community