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Re: GPL v3 Draft

On 1/18/06, Frank Küster <frank@debian.org> wrote:
> http://www.jbb.de/urteil_lg_muenchen_gpl.pdf, an english translation at
> http://www.jbb.de/judgment_dc_munich_gpl.pdf

I know. See


Pls read that message in its entirety (and also follow the links and
read the linked stuff as well, and do it recursively ;-) ) before starting
writing a reply (if any).

As for US,


The standard for PI under copyright infringement claim includes presumption
of irreparable harm. The judge didn't apply it (and used a contract standard
instead). Note also "portion breach of contract claim" and "didn't cure the
breach" wording (you just can't "cure" a copyright violation). Finally, that
decision is tagged as "Nature of Suit: 190" and that's neither 820/840 nor
190/820/840 (all three).


190 is CONTRACT/Other Contract
820 is PROPERTY RIGHTS/Copyrights
840 is PROPERTY RIGHTS/Trademark


P.S. I must say that I disgust Welte's efforts for his legal ignorance and
because his attorneys (the gang from ifross/jbb) try to advance the idiotic
theory under which the GPL'd works are exempted from the doctrine of
exhaustion (equivalent of 17 USC 109 in Europe).

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