Re: Linuxsampler license
On 9/20/05, Alexander Terekhov <email@example.com> wrote:
> On 9/20/05, Branden Robinson <firstname.lastname@example.org> wrote:
> > Harald Welte have successfully pursued
> > infringment claims against people who violate the GPL.
> Einstweilige Verfuegung (ex parte action) != Hauptverfahren (lawsuit).
> 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.
> Well, the injunction was about "netfilter/iptables code" and nothing
> else. No word about the router.
> Sitecom appealed the injunction, but lost,
> 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.
> 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.)
> See also: