Re: German-GPL victorious in Frankfurt district court

[David Kastrup]

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote:
> [...]
>> >> 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.
>> 
>> Uh, you can just read the judgment text.  They state the claims.
>
> They stated a lot. I just want to be sure. A lot doesn't follow.

Suit yourself.

> For example, they acknowledged that "infringed" stuff is made
> available under the GPL and only the GPL, but somehow they came to
> conclusion that 150K in IP value (not the same as cost to develop)
> is just fine.
>
> How come?

Because that are more or less standard figures?

> [...]
>> > 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?
>> 
>> Worry?  I don't see about what.  This case was not about forcing
>> D-Link to comply with the GPL (they were smart enough to comply of
>
> They complied but disclaimed Rechtspflicht.

And got burnt.

>> their own accord once presented with the findings of Welte), but for
>
> But according to this district court, D-Link is still "infringer"
> and that's why they must provide information, etc. The court said
> that D-Link either retroactively lost all the rights (Pg 13, 2nd
> paragraph), or never ever had any rights whatsoever due to GPL
> invalidity (see Pg 15, right on top). It's astonishing GPL catch-22
> magic in work: the GPL licensor can't possibly lose in court.

Well, yes.  That's a consequence of the GPL being a license, not a
contract.  Which is why everybody and his mother prefers to settle
rather than go to court, leading to a dearth of actual court cases.

> And this district court bought it. Uh, morons.

They won't remain the last judges you choose to call morons or drunk.
That's what you say all the time.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum