Re: Attorney fees

[Hyman Rosen]

Alexander Terekhov wrote:
> Hyman Rosen wrote:
> > Germany - the GPL is legal and enforceable there.
>
> Not true.
>
> Appellate Judge Hoeren (Court of Appeal of Dusseldorf, Copyright
> Senate): 
> <http://www.oii.ox.ac.uk/resources/feedback/OIIFB_GPL3_20040903.pdf>

That paper is a link to a critique of the decision,
not to a court decision. The court decision held that
without accepting the GPL, there is no other right to
distribute. Until an actual other case or appeal finds
differently, the decision stands, regardless of whether
or not some commenting judge likes it, and the GPL is
legal and distribution of GPLed software is an implicit
agreement to the license.

Critiques of court decisions are dime-a-dozen. Many
U.S. Supreme Court decisions feature half the judges
hurling vituperations at the other half. That doesn't
change the outcome.