__/ [ Kier ] on Saturday 23 September 2006 15:09 \__
> On Sat, 23 Sep 2006 14:26:00 +0100, Mark Kent wrote:
>
>> begin oe_protect.scr
>> Roy Culley <rgc@xxxxxxxxxxxxx> espoused:
>>> begin risky.vbs
>>> <1ov0xnev85z2a$.dlg@xxxxxxxxxxxxxxx>,
>>> Erik Funkenbusch <erik@xxxxxxxxxxxxxxxxxxxxxx> writes:
>>>> On Sat, 23 Sep 2006 09:57:48 +0100, Roy Schestowitz wrote:
>>>>
>>>>> Yes, the GPL has won in court for (at least) the third time in just a
>>>>> couple of week. There's more on this in Groklaw.
>>>>>
>>>>> http://www.groklaw.net/article.php?story=20060922134536257
>>>>
>>>> As I suspected, this does not appear to be a case of testing the GPL in
>>>> court, as is bandied about so often every time some case happens.
>>>>
>>>> The opinion of the court is that they didn't even consider the validity
>>>> of
>>>> the GPL because it was a catch-22 position. If the GPL were valid, then
>>>> D-Link would be guilty of violating the license. If the GPL were
>>>> invalid,
>>>> then they would be guilty of copyright infringement. As such, D-Lind
>>>> was going to lose either way and the question of the validity of the GPL
>>>> was moot.
>>>>
>>>> The same is true of the 2004 Munich decision, AFAICT. The courts have
>>>> concluded only that the GPL did not, in any way, forfeit the rights of
>>>> the
>>>> copyright holder to enforce their copyrights. The ruling does not rule
>>>> on the validity of the GPL.
>>>
>>> From the article:
>>>
>>> http://gpl-violations.org/news/20060922-dlink-judgement_frankfurt.html
>>>
>>> Mr. Harald Welte, Linux Kernel developer and founder of
>>> gpl-violations.org states :
>>>
>>> "The Free Software community is very happy to see more and more
>>> vendors to use Linux and other Free Software in their products.
>>> However, Free Software is copyrighted material, much like any
>>> other software. Redistribution may only take place in accordance
>>> with its license."
>>>
>>> On September 6, 2006 the district court issued its judgement,
>>> confirming the claims by gpl-violations.org, specifically its
>>> rights on the subject-matter source code, the violation of the GNU
>>> GPL by D-Link, the validity of the GPL under German law, and
>>> D-Links obligation to reimburse gpl-violations.org for legal
>>> expenses, test purchase and cost of re-engineering. Only the
>>> amount of the legal expenses was considered too high by some
>>> insignificant amount of 300 EUR. Therefore, this decision marks a
>>> clear-cut victory for gpl-violations.org. D-Link may file an
>>> appeal against the judgement.
>>>
>>> Now what does 'the validity of the GPL under German law' mean to you
>>> Erik?
>>>
>>
>> Something different to the courts, I think.
>>
>> On a slightly different note, paging back up the thread, I noticed this
>> Erik ...
You've got to admit that this guy (or monthpiece) can truly use flame to
provoke and get replies that make his drivel visible, sometimes getting past
filters and killfiles.
>> ... using the standard english construction "if it were", rather than the
>> usual American "if it was"; I don't read Erik's posts usually, so haven't
>> seen his style for a while, but I do recall him confusing dependent
>> with dependant, so it seems surprising to see such a construction, and
>> gives the strong impression that someone else wrote some, if not all,
>> of that posting?
>>
>> Thoughts anyone?
>
> Your tinfoil hat is on too tight, Mark :-) Most ordinary people's grammar
> is not rigidly consistent; I doubt very much if there is any more to it
> than that.
I agree, but Mark was probably sarcastic on the other hand. I am not entirely
sure. Bear in mind that Microsoft was caught red handed as it was employing
shills and sending them to public forums. While this last message didn't
contain anything that is conspicuously suspicious, I have seen posts that
seemed like a public statement issued by a panel. And it looks bad.
Best wishes,
Roy
--
Roy S. Schestowitz | Previous signature has been conceded
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