Re: Tom Tom and Microsofts Linux patent lock-down ..

[Hyman Rosen]

Rjack wrote:
> > <http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf> 
> Judge Saris found the GPL issue too uncertain to adjudicate:
> ". . . [B]ut the matter is one of fair dispute".

Wouldn't you just love it if your misleading quotes were allowed
to stand? The fuller quote:
        With respect to the General Public License (“GPL”), MySQL
    has not demonstrated a substantial likelihood of success on the
    merits or irreparable harm. Affidavits submitted by the parties’
    experts raise a factual dispute concerning whether the Gemini
    program is a derivative or an independent and separate work under
    GPL ¶ 2. After hearing, MySQL seems to have the better argument
    here, but the matter is one of fair dispute. Moreover, I am not
    persuaded based on this record that the release of the Gemini
    source code in July 2001 didn’t cure the breach.

Notice how the judge has read the GPL and has decided that the dispute
is about if and how well the GPL has been honored. There is not the hint
of a suggestion that there is anything wrong or unenforceable about the
GPL. There is every indication that the judge agrees that not releasing
source code is a breach of the license, because she talks about release
of the source code of Gemini being a cure for the breach.