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Re: Significance of the GP licence.


From: Hyman Rosen
Subject: Re: Significance of the GP licence.
Date: Wed, 05 May 2010 10:05:18 -0400
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 5/5/2010 8:11 AM, RJack wrote:
Please provide links to those US federal judges who *do not* "believe
the terms of the GPL can be ignored." I await with 'bated breath for
your documentation.

Sure, here you are:
<http://scholar.google.com/scholar_case?case=13584730711160488510>
    PROGRESS SOFTWARE CORPORATION, et al., Plaintiffs,
    v.
    MYSQL AB, et al., Defendants.
    ORDER
    SARIS, District Judge.
    ...
    With respect to the General Public License ("GPL"), MYSQL has
    not demonstrated a substantial likelihood of success on the
    merits or irreparable harm. Affidavits submitted by the parties'
    experts raise a factual dispute concerning whether the Gemini
    program is a derivative or an independent and separate work
    under GPL ΒΆ 2. After hearing, MySQL seems to have the better
    argument here, but the matter is one of fair dispute. 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.


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