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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 22:12:03 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> 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

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