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Re: SFLC's GPL court enforcement -- track record
From: |
David Kastrup |
Subject: |
Re: SFLC's GPL court enforcement -- track record |
Date: |
Sat, 08 Dec 2007 14:51:40 +0100 |
User-agent: |
Gnus/5.13 (Gnus v5.13) Emacs/23.0.50 (gnu/linux) |
rjack <danw6144@insightbb.com> writes:
> Arnoud Engelfriet wrote:
>> On 2007-12-08, Bruce Lewis <brlspam@yahoo.com> wrote:
>>> The GPL's track record has been and continues to be 100% enforceable.
>>
>> I've never seen a US case involving the GPL come to a verdict. Of
>> course there are the German cases, but given the different legal
>> system you can hardly compare the outcome there to the USA.
>
> U.S. Federal Courts are very sensitive to legal standing issues
> concerning "case and controversy" under Article III of the
> Constitution:
[...]
> The district court is apt to dismiss the GPL claims sua sponte when it
> realizes the plaintiffs are claiming injury for rights belonging not
> to the plaintiffs but "all third parties".
>
> It is a matter of great embarrassment to a district judge for an
> appeals court to rule that the district court had no business hearing
> the case in the first place. :)
And that's the reason for the bigwig defendant lawyers to rather fold
than get the case heard in a court that would likely dismiss it?
Are you sure you know what you are trying to argue for?
--
David Kastrup, Kriemhildstr. 15, 44793 Bochum
- SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2007/12/07
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2007/12/07
- Re: SFLC's GPL court enforcement -- track record, Bruce Lewis, 2007/12/07
- Re: SFLC's GPL court enforcement -- track record, John Hasler, 2007/12/07
- Re: SFLC's GPL court enforcement -- track record, Arnoud Engelfriet, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, John Hasler, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, David Kastrup, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, David Kastrup, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, David Kastrup, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, rjack, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, John Hasler, 2007/12/08
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2007/12/08