begin In <[EMAIL PROTECTED]>, on 09/27/2006 at 10:13 AM, Alexander Terekhov <[EMAIL PROTECTED]> said:
>Except that copylefted "free software" is based on viral price-fixing > restriction regarding the price of derivative intellectual property So? Nobody forces me to use it, and no court has convicted the authors of conduct in restraint of trade. >This obligation of viral contracting and price-fixing (licensing of >derivative works) is blatant violation of EU Art 81. So you say. I don't buy it, and I don't live in the EU. >It appears that even the GPL-moronized court in Frankfurt was able >to recognize the problem to some extent. The court labeled the >obligations part of the GPL Section 2 as "möglicherweise nichtige >Teil" (i.e. possibly void and unenforceable part): Possibly? That doesn't sound like anything to rest a case on. And the judge doesn't have to run faster than the bear, he just has to run faster than you. >But according to the GPL-moronized court in Frankfurt, eventhough >the obligations part of GPL Section 2 is (straight from the >district court's mouth -- see Pg. 14 in judgment) "möglicherweise >nichtige Teil" (i.e. possibly void and unenforceable part) due to >illegal price-fixing and viral contracting in violation of EU Art >81, the defendant must be guilty of "copyright infringement" for >not complying with it nevertheless. No, tonto, that's not an accurate description. The defendant must be guilty of copyright infringement because he copied the code and had no authorization to do so. That should be simple enough even for you. >Oh, Ah, BTW, SCO did really nice job trashing GPL "enforcement" >theory in 794 memorandum: Yeah, right, SCO is making great progress in its vexatious litigation. *PLONK* -- Shmuel (Seymour J.) Metz, SysProg and JOAT <http://patriot.net/~shmuel> Unsolicited bulk E-mail subject to legal action. I reserve the right to publicly post or ridicule any abusive E-mail. Reply to domain Patriot dot net user shmuel+news to contact me. Do not reply to [EMAIL PROTECTED] _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
