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German-GPL victorious in Frankfurt district court


From: Alexander Terekhov
Subject: German-GPL victorious in Frankfurt district court
Date: Fri, 22 Sep 2006 17:08:31 +0200

http://www.jbb.de/urteil_lg_frankfurt_gpl.pdf

Man oh man. This is fun.

Hero Welte gets around 3K EURO and D-Link must tell him from whom and 
how many routers they've bought (I'm pretty sure that the stuff came 
from Taiwan) and subsequently resold. The rest of the case was 
dismissed.

And now about the GPL power to moronize people. Oh poor judge. He just 
parroted ifross/JBB's German GPL construction theory which makes the 
GPL immune not only to "first sale" (exhaustion) but also antitrust! 

The defendant raised the claim of illegal price-fixing and viral 
contracting in violation of EU Art 81. And the GPL-moronized judge 
concluded: fine, but it doesn't matter! 

regards,
alexander.


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