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[News] GNU GPL Wins Again in Europe -- This Time France!

  • Subject: [News] GNU GPL Wins Again in Europe -- This Time France!
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 23 Sep 2009 16:18:25 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

Big Win for GNU GPL in France

,----[ Quote ]
| One of the fallback positions for purveyors of FUD is that 
| the GNU GPL may not be valid, because it hasn't been 
| properly tested in court. That's getting increasingly 
| implausible as a stance. After being upheld in Germany a 
| few times, here's a big decision in its favour in France:
|  In a landmark ruling that will set legal precedent, the 
|  Paris Court of Appeals decided last week that the company 
|  Edu4 violated the terms of the GNU General Public License 
|  (GPL) when it distributed binary copies of the remote 
|  desktop access software VNC but denied users access to its 
|  corresponding source code. The suit was filed by 
|  Association pour la formation professionnelle des adultes 
|  (AFPA), a French education organization.
|  ...
|  The events of the case go back to early 2000, when Edu4 
|  was hired to provide new computer equipment in AFPA's 
|  classrooms. Shortly thereafter, AFPA discovered that VNC 
|  was distributed with this equipment. Despite repeated 
|  requests, with mediation from the Free Software Foundation 
|  France, Edu4 refused to provide AFPA with the source code 
|  to this version of VNC. Furthermore, FSF France later 
|  discovered that Edu4 had removed copyright and license 
|  notices in the software. All of these activities violate 
|  the terms of the GNU GPL. AFPA filed suit in 2002 to 
|  protect its rights and obtain the source code.



The GPL Wins Again - Welte vs. Skype Technologies SA (Germany)

,----[ Quote ]
| Well, today was the hearing, and Welte reports that one of the judges told
| Skype's lawyer that if a copyright owner wants a publisher to publish his
| book in a green envelope, it might seem odd to the publisher, but he can't
| publish without the green envelope. In short, don't touch the GPL code if you
| don't follow the requirements of the license.
| Like it or lump it. I think that's how one would translate into English the
| judge's mindset.



Another GPL Lawsuit is Settled

,----[ Quote ]
| Third lawsuit over open source license violations is now closed. This time,
| it's a 'learning experience.'


BusyBox and Xterasys Settle GPL Lawsuit

,----[ Quote ]
| BusyBox has just successfully settled its GPL ligitation against Xterasys.
| Xterasys has agreed to stop all binary distribution of BusyBox until the
| Software Freedom Law Center confirms that it has published complete source
| code on its web site.  


BusyBox Developers, SFLC Sue Verizon for GPL Infringement

,----[ Quote
| The same two principal developers already successfully sued Monsoon Media,
| and they have litigation pending against Xterasys Corporation and High-Gain
| Antennas, LLC. Here is the press release from the Software Freedom Law Center
| on the Verizon suit, followed by the complaint as text.  


Verizon Being Sued for GPL Infringement

,----[ Quote ]
| According to the SFLC, Verizon can be added to the list of companies
| infringing on the GPL. They filed a lawsuit in New York yesterday (pdf)
| alleging that the company is handing out routers using the GPL'd
| software 'BusyBox' without accompanying source code.    


Second Round of GPL Infringement Lawsuits Filed on Behalf of BusyBox Developers

,----[ Quote ]
| The Software Freedom Law Center (SFLC) today announced that it has filed two
| more copyright infringement lawsuits on behalf of its clients, two principal
| developers of BusyBox, alleging violation of the GNU General Public License
| (GPL). The defendants in the lawsuits are Xterasys Corporation and High-Gain
| Antennas, LLC. BusyBox is a lightweight set of standard Unix utilities
| commonly used in embedded systems and is open source software licensed under
| GPL version 2.      


Is the Monsoon settlement a missed opportunity?

,----[ Quote ]
| Certainly more was hoped for from the first US GPL lawsuit. âThis case is
| very important because it will establish what type of remedies (either
| contract or copyright) are available to licensors for breach of the GPLv2,â
| wrote Mark Radcliffe at the time the complaint was filed.  
| However, for those looking for legal precedent, all may not be lost. âStay
| tuned, however, as this is likely not the last lawsuit we will see here in
| the U.S. to enforce the terms of the GPL,â notes Haislmaier.  


Do Microsoft's EULAs have any real legal basis?

,----[ Quote ]
| "Microsoft has no special exemption from the sale of goods act." Well,
| no, probably not - but it might still be selling you "services"
| instead of "goods". But the real point to remember is that it doesn't
| matter a jot what the "logical" position is, it is what the courts
| decide that matters.
| As far as I know, no one has tested Microsoft's EULAs in a UK court
| and, until someone does, Microsoft will just go on assuming that they
| work. And I don't fancy the risk of taking on Microsoft's expensive
| lawyers in court myself...


BusyBox Developers and Monsoon Multimedia Agree to Dismiss GPL Lawsuit

,----[ Quote ]
| The Software Freedom Law Center (SFLC) and Monsoon Multimedia today jointly
| announced that an agreement has been reached to dismiss the GPL enforcement
| lawsuit filed by SFLC on behalf of two principal developers of BusyBox.  


And Just Like That, The Games End â First Ever GPL Lawsuit Dismissed

,----[ Quote ]
| In the agreement to dismiss the lawsuit, the SFLC is reporting that Monsoon
| Multimedia has agreed to appoint an âOpen Source Compliance Officerâ within
| its organization âto monitor and ensure GPL compliance, to publish the source
| code for the version of BusyBox it previously distributed on its web site,
| and to undertake substantial efforts to notify previous recipients of BusyBox
| from Monsoon Multimedia of their rights to the software under the GPL.    
| [...]
| Stay tuned, however, as this is likely not the last lawsuit we will see here
| in the U.S. to enforce the terms of the GPL.


SFLC: Setting Legal Precedent Not the Goal of GPL Case

,----[ Quote ]
| Software Freedom Law Center co-founder Dan Ravicher says the Centerâs
| copyright infringement case against Monsoon Multimedia on behalf of the  
| creators of BusyBox is not about setting legal precedent for the use and
| interpretation of the GNU General Public License.  


GPL defenders say: See you in court

,----[ Quote ]
| The license also requires anyone distributing GPL software, in an executable
| form that a computer can run, to make the complete source code available. One
| example: Cisco Systems subsidiary Linksys, which  shares the GPL software
| used in its wireless networking equipment.  


First U.S. GPL lawsuit heads for quick settlement

,----[ Quote ]
| The first U.S. GPL-related lawsuit appears to be headed for a quick
| out-of-court settlement. Monsoon Multimedia admitted today that it had
| violated the GPLv2 (GNU General Public License version 2), and said it will
| release its modified BusyBox code in full compliance with the license.  


New Method To Detect and Prove GPL Violations

,----[ Quote ]
| "A paper to be presented at the upcoming academic conference Automated
| Software Engineering describes a new method to detect code theft and could be
| used to detect GPL violations in particular. While the co-called birthmarking  
| method is demonstrated for Java, it is general enough to work for other
| languages as well..."  


German Court convicted Skype of violating the GPL

,----[ Quote ]
| German district court Munich has convicted Skype of violating the GPL. One of
| the VoIP telephones sold by Skype run Linux, but the GPL text was not handed
| out together with the phone, although the GPL requires that.  


German GPL defender claims legal victory
,----[ Quote ]
| Open-source programmer Harald Welte said Thursday he won a civil court
| case in Germany centered on the General Public License (GPL). The license
| governs many open-source projects and permits anyone to use software
| covered by it, but requires that companies incorporating GPL software
| make the underlying source code available.


gpl-violations.org project prevails in court case on GPL violation by D-Link

,----[ Quote ]
| D-Link Germany GmbH, a subsidiary of D-Link Corporation, Taiwan R.O.C.,
| distributed DSM-G600, a network attached storage (NAS) device which uses a
| Linux-based Operating System.  However, this distribution was incompliant
| with the GNU General Public License (GPL) which covers the Linux Kernel and
| many other software programs used in the product.


Wallace's Appeal Firmly Rejected - GPL Has Nothing to Fear [pdf]

,----[ Quote ]
| PJ: "Just so you know, Daniel Wallace's appeal of the ruling
| against him in his pro se quest to overthrow the GPL on antitrust
| grounds, one of SCO's daydreams too, has been firmly rejected by
| the appeals court, as I knew it would be."


Would Dostoevsky Use the GPL?

,----[ Quote ]
| I get nervous whenever large software shops talk up the virtues of a license
| with fewer protections of developer and user rights. In the linked articles
| above, there is talk of permissive licenses being the path of least
| resistance, with the premise that it's "easier" to gravitate towards them. My
| question is - easier for whom? Easier for the developers or easier for the
| companies who wish to make use of it without those annoying obligations to
| the greater free software ecosystem? As is often mentioned by others smarter
| than me, a scenario where developers gravitate towards permissive licenses
| makes it easier for companies to avoid community reciprocity.        

Version: GnuPG v1.4.9 (GNU/Linux)


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