law question

[Christopher Dimech]

The GPL was found to be an enforceable set of copyright terms (a license) in 
Jacobsen v. Katzer.  What has changed now is that for the purposes of the court,
the GPL is both a license, which can be enforced through a claim of copyright
infringement, and a contract, which can be enforced through a claim of breach
of contract (Artifex v. Hancom).  You can allege both in your court claim in a
single case, and fall back on one if you can’t prove the other.  Thus, the 
potential
to enforce the GPL in court is very strong. 


> Sent: Saturday, May 22, 2021 at 11:15 AM
> From: "Emanuel Berg via Users list for the GNU Emacs text editor" 
> <help-gnu-emacs@gnu.org>
> To: help-gnu-emacs@gnu.org
> Cc: emacs-devel@gnu.org
> Subject: Re: law question
>
> Christopher Dimech wrote:
> 
> >> Should we assume the worst-case scenario?
> >
> > Only if we cannot get all the required information to decide
> > if we can use the code.
> 
> Right, do you also happen to know what precedents there are?
> 
> -- 
> underground experts united
> https://dataswamp.org/~incal
> 
> 
>