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Re: GPL upheld on appeal in France

From: Alexander Terekhov
Subject: Re: GPL upheld on appeal in France
Date: Thu, 24 Sep 2009 17:38:05 +0200

David Kastrup wrote:
> is already the appellate court IIRC, so it should set a precendence.

"Unlike common-law jurisdictions, there is no doctrine of binding
precedent (stare decisis) in France. Therefore, previous decisions of
higher courts like the Supreme Court do not bind lower courts in the
same hierarchy, though they are often followed and have persuasive
value. Instead, the French legal system subscribes to the legal doctrine
of jurisprudence constante ... "

"Jurisprudence constante is a legal doctrine according to which a long
series of previous decisions applying a particular rule of law is very
important and may be determinative in subsequent cases.

Jurisprudence constante is a legal doctrine recognized in most civil law
jurisdictions, such as, for example, in the civil law of Louisiana.

The rule of law applied in the Jurisprudence constante directly compares
with stare decisis. But the Louisiana Supreme Court notes the principal
difference between the two legal doctrines: a single court decision can
provide sufficient foundation for stare decisis, however, "a series of
adjudicated cases, all in accord, form the basis for jurisprudence
constante." "


(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)

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