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Re: Monsoon settles: complies with GPL, pays undisclosed sum

From: Alexander Terekhov
Subject: Re: Monsoon settles: complies with GPL, pays undisclosed sum
Date: Wed, 31 Oct 2007 12:31:27 +0100

Geza Giedke wrote:
> rjack <> wrote:
> > Geza Giedke wrote:
> > > The case of GPL-violation by Monsoon Multimedia that was discussed
> > > here recently has been settled out of court.
> > The GPL is D.O.A. under a F.R.Civ.P. Rule 12 Motion to Dismiss in a US
> > federal court. After the plaintiff's filed a voluntary Motion to Dismiss
> > it was inevitable that GPL supporters would trumpet "the GPL won in
> > court". Magnanimous claims without the GPL so much as being read by a
> > judge -- same old, tired FSF FUD story -- just a different day.
> > :)
> I don't know what "D.O.A." means, but I'm happy if the GPL allows to settle

D.O.A. means Dead On Arrival.

> all problems in a matter of weeks out of court and amicably. Having
> seen how unbelievably long lawsuits can be drawn out (even in the
> absence of any evidence), a license that is clear enough that it never
> needs to be examined by a judge is as good as it gets IMHO.
> Anyway, there's no "FUD" involved here, it's a *joint* press release

SFLC's pretense that plaintiffs can somehow "reinstate Monsoon 
Multimedia's rights" (suggesting that Monsoon somehow lost something) 
all by virtue of the copyright law, is not quite FUD but rather utter 
legal nonsense.

Moglen made an attempt to trigger "automatic termination" in MySQL 

"Given my knowledge of the practices of programming and the
requirements of the GPL, I concluded that the license violation was
intentional. Whether intentional or not, any violation of the GPL
results under §4 in a termination of the right to redistribute. ...
Under GPL §4, I conclude, Progress Software Corp. lost the right to
distribute MySQL when it distributed NuSphere MySQL Advantage in a
fashion that violated GPL.

I declare under penalty of perjury and upon personal knowledge that
the foregoing is true and correct. "

(and Bruce Perens even "predicted" that "Moglen will get his

but Moglen's attempt failed miserably:

"I am not persuaded based on this record that the release of the
Gemini source code in July 2001 didn't cure the breach."

Monsoon settlement adds nothing new to horrible track record of
GPL enforcement in courts.


"The revolution might take significantly longer than anticipated."

                                     -- The GNU Monk Harald Welte

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