Re: SFLC's GPL court enforcement -- track record

[Alexander Terekhov]

Arnoud Engelfriet wrote:
> 
> On 2007-12-08, Bruce Lewis <brlspam@yahoo.com> wrote:
> > The GPL's track record has been and continues to be 100% enforceable.
> 
> I've never seen a US case involving the GPL come to a verdict.

There was a verdict (court order) regarding attempt to impose 
injunction on the basis of GPL "automatic termination".

"Given my knowledge of the practices of programming and the
requirements of the GPL, I concluded that the license violation was
intentional. Whether intentional or not, any violation of the GPL
results under §4 in a termination of the right to redistribute. ...
Under GPL §4, I conclude, Progress Software Corp. lost the right to
distribute MySQL when it distributed NuSphere MySQL Advantage in a
fashion that violated GPL.

I declare under penalty of perjury and upon personal knowledge 
that the foregoing is true and correct. "

http://www.gnu.org/press/mysql-affidavit.html

(and Bruce Perens even "predicted" that "Moglen will get his
injunction" http://www.linux.com/articles/21439)

but Moglen's attempt failed miserably:

"Moreover, I am not persuaded based on this record that the 
release of the Gemini source code in July 2001 didn't cure the 
breach. ... DENIED"

http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf

regards,
alexander.

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