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Re: Is the GPL all encompassing?

From: Rahul Dhesi
Subject: Re: Is the GPL all encompassing?
Date: Mon, 22 Sep 2008 22:31:22 +0000 (UTC)
User-agent: nn/6.7.0

"amicus_curious" <> writes:

>> But the JMRI appeal
>> settled that, addressing exactly the issue in question.

>I don't think that it really "settled" that issue, it merely said that
>the lower court had to reconsider the issue and that the conveyance of
>the right to copy was not solely a contract matter.  What is still way
>up in the air is the matter of compensation due to the infringed party.
>If that becomes a trivial outcome, there may as well be no protection
>at all.  In order to show value, the author will have to show that a
>market exists for the infringed material. 

I think you are confusing here between the effect of the JMRI case on
those specific parties and its effect on the law.  What happens back in
the lower court will not change the effect of the CAFC'S holding on
other cases where an open source license is challenged.

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