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Re: German-GPL victorious in Frankfurt district court

From: David Kastrup
Subject: Re: German-GPL victorious in Frankfurt district court
Date: Fri, 22 Sep 2006 18:28:24 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> Man oh man. This is fun.
> Hero Welte gets around 3K EURO and D-Link must tell him from whom and 
> how many routers they've bought (I'm pretty sure that the stuff came 
> from Taiwan) and subsequently resold. The rest of the case was 
> dismissed.

Uh, Alexander?  Reality check.  The court decided to use a lower key
for calculating the lawyer expenses (1,3 instead of 1,5) , and a lower
interest rate (5% above current discont instead of 8%) while the case
was pending.  That's all that has been dismissed.

D-Link had to pay back the claimed costs of Welte for acquiring the
device, for reverse engineering it in order to corroborate the GPL
violation, and for delivering and preparing an injunction with
interest (though the court used a different calculation, resulting in
a slightly lower payment).  All of the judicial costs had to be paid
by D-Link.

"The rest of the case has been dismissed" simply means that with the
court judgment, Welte does not have an option to plead again for his
original calculation of costs.  He asked for slightly more than 3K,
and got slightly less than 3K.  D-Link heeded the injunction but
refused to pay for it, and the court made it pay.

So there is not really all too much for you to be jubilating about.

> And now about the GPL power to moronize people.

Well, given that you are cheering for the loser, it can't be debated
that its power has registered on you.  Point for you.

> Oh poor judge. He just parroted ifross/JBB's German GPL construction
> theory which makes the GPL immune not only to "first sale"
> (exhaustion) but also antitrust!
> The defendant raised the claim of illegal price-fixing and viral
> contracting in violation of EU Art 81. And the GPL-moronized judge
> concluded: fine, but it doesn't matter!

Yes, those kinds of thing happen outside of Terekhov-Lala-land.  Time
and again.  Which is why legal advice from you is something no sane
person would follow.

Because the law is not what Alexander, but what the judges have the
power to interpret.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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