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

From: Alexander Terekhov
Subject: Re: SFLC's GPL court enforcement -- track record
Date: Sat, 08 Dec 2007 15:58:15 +0100

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.

There was a verdict (court order) regarding attempt to impose 
injunction on the basis of GPL "automatic termination".

"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:

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


"Plaintiffs’ copyrights are unique and valuable property whose market 
value is impossible to assess"

                             -- SOFTWARE FREEDOM LAW CENTER, INC.

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