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Re: The GPL is unenforceable under U.S. copyright law


From: David Kastrup
Subject: Re: The GPL is unenforceable under U.S. copyright law
Date: Wed, 18 Mar 2009 08:47:44 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.91 (gnu/linux)

Doug Mentohl <address@hidden> writes:

> "The GPL is unenforceable under U.S. copyright law", Rjack
>
> Produce any citation where a recipient of GPL code successfully fought
> and won such a case.

Why would you angle for a Pyrrhic victory?  "Ok, you don't accept the
GPL and it can't be enforced."  Perfectly reasonable and quite
plausible.  "So the GPL is not the topic of our case.  What was it again
that made you think you were entitled to redistribution of the
software?"

Of course no defendant has an interest in a court decision _against_ the
GPL on its merits, because the merits are _for_ the defendant.  So if
neither plaintiff nor defendant are interested in a decision against the
GPL, the court will never get to a verdict relevant for the GPL.

-- 
David Kastrup


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