rjack <danw6144@xxxxxxxxxxxxx> wrote:
> The evidence for the legal enforceability must be based on federal
> statutes and established case law. *Copious legal evidence* in the form
> of both federal statutes and appellate case rulings has been presented
> arguing against the claim of GPL enforceability. There exists an abysmal
> *lack of legal evidence* cited to support the enforceability of the GPL.
all I care for is that the GPL is adhered to. If that can be achieved
without courts - so much the better. If there is very little legal
evidence that you have to pay your restaurant bill it may be because
it is *clear* that you have to, not because it is dobtful.
> The GPL has *never been tested in court* and never will be if the SFLC
> has a way to prevent actual judicial review. The SFLC has displayed only
> a consistent *lack of legal evidence* for GPL enforceability.
not so: in German courts, the GPL has been upheld repeatedly:
eg. against Skype in 2007:
(in German): http://www.golem.de/0707/53684.html
or against Sitecom in 2004:
http://www.heise.de/newsticker/meldung/49377 (in German)
(no english link)
Max-Planck Institut fuer Quantenoptik, Garching
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