On Mon, 19 Jun 2006 06:51:28 GMT, Jim wrote:
> Actually, the GPL has been tested in court: I refer you to Wallace vs.
> FSF. http://www.linuxelectrons.com/article.php/20060322192855863
>
> GPL was upheld and validated.
No, it wasn't. The case was dismissed because the plaintiff could not
prove he had been damaged. The summary of the article you link to is
deceptively misrepresenting the judgement of the court. Here is the a more
accurate one:
http://opensource.sys-con.com/read/224798.htm
"The second decision came from a different judge in the Southern District
of Indiana and, like the first judge and the FSF complaint, he found that
Wallace didn't properly state a claim. He said he accepted the allegations
as true but that Wallace didn't allege anticompetitive effects in an
identifiable market by arguing that it stopped him from marketing his own
OS and dismissed the case with prejudice figuring Wallace couldn't remedy
the deficiencies."
While the court expressed an opinion on the GPL, they did not rule on the
validity of it because the basic premise of the lawsuit could not be
proven.
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