Re: SFLC's GPL court enforcement -- track record

[Alexander Terekhov]

Courtesy of Groklaw...

Alexander Terekhov wrote:
> 
> 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.
> 
> There was a verdict (court order) regarding attempt to impose
> injunction on the basis of GPL "automatic termination".
> 
> "Given my knowledge of the practices of programming and the
> requirements of the GPL, I concluded that the license violation was
> intentional. Whether intentional or not, any violation of the GPL
> results under §4 in a termination of the right to redistribute. ...
> Under GPL §4, I conclude, Progress Software Corp. lost the right to
> distribute MySQL when it distributed NuSphere MySQL Advantage in a
> fashion that violated GPL.
> 
> I declare under penalty of perjury and upon personal knowledge
> that the foregoing is true and correct. "
> 
> http://www.gnu.org/press/mysql-affidavit.html
> 
> (and Bruce Perens even "predicted" that "Moglen will get his
> injunction" http://www.linux.com/articles/21439)
> 
> but Moglen's attempt failed miserably:
> 
> "Moreover, I am not persuaded based on this record that the
> release of the Gemini source code in July 2001 didn't cure the
> breach. ... DENIED"
> 
> http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf

...here is MySQL's counter-complaint asserting breach of GPL 
license contract ("COUNT VIII Breach of Contract (GPL License)") 
and asking for declaratory (court to declare GPL terminated) and 
injunctive (court to preliminary and permanently enjoin 
Progress/NuSphere from "copying, modifying, sublicensing, or 
distributing the MySQL(TM) Program") relief (plus damages, of 
course):

http://www.groklaw.net/pdf/MySQLcounterclaim.pdf

regards,
alexander.

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