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Re: German-GPL victorious in Frankfurt district court


From: Alexander Terekhov
Subject: Re: German-GPL victorious in Frankfurt district court
Date: Fri, 22 Sep 2006 19:48:26 +0200

David Kastrup wrote:
> 
> Alexander Terekhov <terekhov@web.de> writes:
> 
> > David Kastrup wrote:
> >>
> >> Alexander Terekhov <terekhov@web.de> writes:
> >>
> >> > http://www.jbb.de/urteil_lg_frankfurt_gpl.pdf
> >> >
> >> > 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
> >
> > Check it yourself, dak. The phrase "the rest of the case was
> > dismissed" corresponds to "In √úbrigen wird die Klage abgewiesen."
> 
> Yup.  And the only "rest" was the key for the damages.

That's your interpretation. I'd have to see all filings to agree or 
disagree with it. If you have access and can provide this information,
I'd appreciate it greatly.

> 
> > which appears after impositions (impostion of award and imposition
> > of obligation to provide information).
> 
> D-Link had to pay awards (calculated slightly differently) and had to
> provide the requested information, and had to pay the whole legal and
> court costs.  

That "whole legal and court costs" is just standard European loser- 
pays rule and just not worth mentioning.

>              Really, according to your foaming at the mouth, one
> would imagine they have won something.

In my view, they indeed have won something. C'mon dak, less than 10K 
(or some such) in total for utterly absurd judgment... and it appears 
that the GPL just can't do any better (that was the second try in 
another district court): GNUtians should begin to worry. No?

regards,
alexander.


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