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

From: Geza Giedke
Subject: Re: Monsoon settles: complies with GPL, pays undisclosed sum
Date: Wed, 31 Oct 2007 16:57:31 +0000 (UTC)
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (Linux/2.6.5-7.287.3-bigsmp (i686))

rjack <> wrote:
> The evidence for the legal enforceability must be based on federal 
> statutes and established case law. *Copious legal evidence* in the form 
> of both federal statutes and appellate case rulings has been presented 
> arguing against the claim of GPL enforceability. There exists an abysmal 
> *lack of legal evidence* cited to support the enforceability of the GPL.

all I care for is that the GPL is adhered to. If that can be achieved
without courts - so much the better. If there is very little legal
evidence that you have to pay your restaurant bill it may be because
it is *clear* that you have to, not because it is dobtful.

> The GPL has *never been tested in court* and never will be if the SFLC 
> has a way to prevent actual judicial review. The SFLC has displayed only 
> a consistent *lack of legal evidence* for GPL enforceability.

not so: in German courts, the GPL has been upheld repeatedly:
eg. against Skype in 2007:
(in German):

or against Sitecom in 2004:  (in German)
(no english link)


 Geza Giedke

 Max-Planck Institut fuer Quantenoptik, Garching

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