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Re: German-GPL victorious in Frankfurt district court


From: Merijn de Weerd
Subject: Re: German-GPL victorious in Frankfurt district court
Date: Thu, 05 Oct 2006 20:10:55 +0200
User-agent: slrn/0.9.8.1 (FreeBSD)

On 2006-10-05, Alexander Terekhov <terekhov@web.de> wrote:
> Merijn de Weerd wrote:
>> Therefore under German law, once I accept the GPL terms, I have
>> a right to redistribute GPL-licensed software. However, I can
>> protest unreasonable or illegal terms in the contract 
>
> Not according to Welte's friends at ifross/jbb (Jaeger & Co. gang). 
> Because, they explain, it would amount to "expropriation of the 
> author" and that "is not a lawful option"!!! Oh poor moronized 
> district court in Frankfurt.

Getting the *whole license* annulled and then expecting the
right to continue using the software would amount to expropriation.
I was however talking about getting *one clause* annulled
for being an unreasonable demand.

> http://digital-law-online.info/lpdi1.0/treatise15.html
> (II.K. Misuse Of Copyright)
>        ^^^^^^^^^^^^^^^^^^^

Why do you bring up a US doctrine when we're talking German
civil law on author's rights? It's not going to impress
a German judge.

> http://www.techlawjournal.com/topstories/2003/20030826.asp
> (3rd Circuit Breaks New Ground on Copyright Misuse)

Why do you bring up US caselaw when we're talking German
civil law on author's rights? It's not going to impress
a German judge.

Merijn

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