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SubjectRe: Fw: Annoying GPL issues
Date

I think I agree this forum may not be the right place to discuss this, but
then again, perhaps it is since it relates to how folks put their copyrights
into code, etc. Interesting feedback though. I'll stick to technical
issues in this forum in the future unless folks want this thread back.

Jeff

----- Original Message -----
From: Tim Smith <tzs@tzs.net>
To: Jeff Merkey <jmerkey@timpanogas.com>
Cc: <linux-kernel@vger.rutgers.edu>
Sent: Saturday, May 22, 1999 6:26 AM
Subject: Re: Fw: Annoying GPL issues

> On Fri, 21 May 1999, Jeff Merkey wrote:
> > Our attorneys have reviewed the GPL language, and to be honest, it has
about
> > as many holes in it as Jed Clampet's Cabin on the Beverly Hillbillies.
The
> > wind blows right through it. Copyright infringement claims seem to be
the
> > only relief available, but how do you show a damages case when you are
> > giving the code away for free? The answer is that you really cannot.
>
> [Assumption: we are talking about United States law]
>
> There are (at least) three things it appears your attorneys have
overlooked.
>
> (1) The major goal in such a suit would be to stop the infringement, not
to
> squeeze money out of the infringer.
>
> (2) The copyright owner could elect statutory damages instead of actual
> damages.
>
> (3) Damages include the infringer's profits from the infringement. If the
> infringer is not giving the infringing code away for free, this could be
> a substantial sum.
>
> > There's also the issue of irreparable harm. You might get an injunction
> > against someone if you can show irreparable harm, but the Federal Rules
of
> > Civil Procedure require that no injunction can be "adverse to the public
> > interest" or it cannot issue from a court.
> ...
>
> That concerns preliminary injunctions.
>
> --Tim Smith
>
>


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