Re: Linuxsampler license
On 9/20/05, Alexander Terekhov <alexander.terekhov@gmail.com> wrote:
> On 9/20/05, Branden Robinson <branden@debian.org> wrote:
> [...]
> > Harald Welte have successfully pursued
> > infringment claims against people who violate the GPL.
>
> Einstweilige Verfuegung (ex parte action) != Hauptverfahren (lawsuit).
>
> http://www.macnewsworld.com/story/43996.html
>
> <quote>
>
> It's a Small Welte After All
>
> Across the wide ocean, other enforcement of the GPL runs along a
> different trail. Harald Welte, a self-appointed enforcer of the GPL
> who operates a GPL Web site filed two actions with the District Court
> of Munich to enforce the license. In both cases, Welte was the author
> of code that had appeared in the defendant's product. The court
> granted Welte an injunction against Sitecom Deutschland GmbH,
> prohibiting Sitecom from distributing a wireless networking router
> until it complied with the GPL.
>
> </quote>
>
> Well, the injunction was about "netfilter/iptables code" and nothing
> else. No word about the router.
>
> http://groups.google.de/group/gnu.misc.discuss/msg/f80709afd63b125a
> http://groups.google.de/group/gnu.misc.discuss/msg/cba0154ba16f2117
>
> <quote>
>
> Sitecom appealed the injunction, but lost,
>
> </quote>
>
> Sitecom's objection (not really "appeal") to the injunction had really
> nothing to do with the GPL. And the subsequent ruling by the same
> district court "discussing" the GPL (as presented by Welte's attorney)
> was so bizarre that nobody over here in his right mind believes that it
> could have withstand the scrutiny of Hauptverfahren, real appeals aside
> for a moment.
>
> <quote>
>
> and Sitecom later posted the terms of the GPL on its FAQ Web page for
> the router. Welte also filed for an injunction against Fortinet UK Ltd.
> based on its firewall products, with similar results.
>
> Though much has been made of these two cases, there are reasons why
> Welte has already obtained injunctions in Germany while the FSF has
> not yet sought one in the US. Injunctive enforcement in Germany is so
> simple and quick that it makes Americans suspicious about piddling
> legal details like legal due process. In Germany, a preliminary
> injunction can be obtained ex parte -- in other words, without giving
> the defendant the chance to defend itself. (This has the
> appropriately scary sounding name einstweilige Verfuegung.)
>
> </quote>
>
> See also:
>
> http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/1e07...
> http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/3bdf...
I meant
http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/1e07a593e5e09d59
http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/3bdfe293b33c6b6e
regards,
alexander.
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