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Re: Poor GPL-Enforcers
From: |
Alexander Terekhov |
Subject: |
Re: Poor GPL-Enforcers |
Date: |
Fri, 23 Jun 2006 17:30:16 +0200 |
Hey ams, BusyBox aside for a moment, Welte has a plan!
http://lwn.net/SubscriberLink/186944/0ccd89b5598e797f/
-----
What is most interesting about having some organization backing this
project, is that we can actually do "more interesting" legal action
than I can do now. So far, we've only enforced very clear cases, from
a legal point of view. Until now, gpl-violations.org has not helped
to produce any legal precedents on important questions such as
derivative works or binary-only kernel modules. However, after funding
the organization later this year, and thus the legal risk landing on
that organization rather than me personally, I could very much imagine
that we would look into getting some court decisions on that area, too.
So stay tuned, there is probably an exciting time ahead in the next
couple of years ;)
-----
Dear GNUtians amd and dak, hurry up and help the hero Welte do "more
interesting" legal actions. It'll finally put an end to your bluffing
and invalidate the whole scheme once and for all... in effect, putting
the entire GPL'd code base into quasi public domain (unenforceability
due to unlawful contract terms -- copyright misuse and all that).
Hey dak, don't you know that Welte has established the *contract*
status of GPL in the German court? (Albeit not in an ordinary lawsuit,
but in a ex parte preliminary proceedings ("Einstweilige Verfuegung")
which doesn't really establish anything, and which, almost entirely,
except the contract status, was totally shredded by criticism from
more authoritative folk than exhausted Munich District Court I (the
Court has simply stamped Welte's attorneys filling containing their
theory (the gang at ifross) about the GPL being a rather curious AGB
based beast coupled with purely German concept of contractual
"condition subsequent" without giving much thought to it) like
Appellate Judge Hoeren.)
regards,
alexander.