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Re: SFLC's GPL court enforcement -- track record

From: David Kastrup
Subject: Re: SFLC's GPL court enforcement -- track record
Date: Sat, 08 Dec 2007 14:51:40 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.50 (gnu/linux)

rjack <> writes:

> Arnoud Engelfriet wrote:
>> On 2007-12-08, Bruce Lewis <> wrote:
>>> The GPL's track record has been and continues to be 100% enforceable.
>> I've never seen a US case involving the GPL come to a verdict. Of
>> course there are the German cases, but given the different legal
>> system you can hardly compare the outcome there to the USA.
> U.S. Federal Courts are very sensitive to legal standing issues
> concerning "case and controversy" under Article III of the
> Constitution:


> The district court is apt to dismiss the GPL claims sua sponte when it
> realizes the plaintiffs are claiming injury for rights belonging not
> to the plaintiffs but "all third parties".
> It is a matter of great embarrassment to a district judge for an
> appeals court to rule that the district court had no business hearing
> the case in the first place.  :)

And that's the reason for the bigwig defendant lawyers to rather fold
than get the case heard in a court that would likely dismiss it?

Are you sure you know what you are trying to argue for?

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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