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Re: GPL upheld on appeal in France


From: David Kastrup
Subject: Re: GPL upheld on appeal in France
Date: Thu, 24 Sep 2009 16:15:16 +0200
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.50 (gnu/linux)

Hyman Rosen <address@hidden> writes:

> <http://www.h-online.com/open/GPL-wins-in-French-court-case--/news/114312>
> <http://fsffrance.org/news/arret-ca-paris-16.09.2009.pdf>
>
>     In 2000, Edu4 equipped the AFPA's computer rooms. In the process,
>     the IT firm used a version of the VNC remote desktop software
>     without providing the AFPA – as required by the GPL – with the
>     source code on request. In addition, it turned out that Edu4 had
>     removed copyright and licensing notes from VNC.
>
> AFPA is awarded €8,000 plus legal fees.

It is rather unusual that AFPA's relation to the software in question is
not as a copyright holder, but as a user.

The result is likely particular to French jurisdiction because of the
plaintiff's standing.

It might change the GPL enforcement strategies at least in France: this
is already the appellate court IIRC, so it should set a precendence.

Interesting.

-- 
David Kastrup


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