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Re: Is the GPL all encompassing?


From: Hyman Rosen
Subject: Re: Is the GPL all encompassing?
Date: Wed, 24 Sep 2008 12:46:59 -0400
User-agent: Thunderbird 2.0.0.16 (Windows/20080708)

Alexander Terekhov wrote:
"this Court has consistently rejected invitations to replace
> traditional equitable considerations with a rule that an
> injunction automatically follows a determination that a
copyright has been infringed.”

So each case will be considered on its merits. Fine.
In the MercExchange case, one consideration was that
the company was in business licensing its patents, so
harm could be repaired with money. That won't be true
for GPL violations because the harms is explicitly the
failure to distribute source as the license requires,
and that harm cannot be repaired with money.


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