Rjack wrote:
The contributors of the GPL'd code have no legal standing to
> enforce the rights of third party *users*
You might want to see Patry's comments on Gomez-Arostegu's law review article: <http://williampatry.blogspot.com/2008/03/requirement-of-irreparable-harm-for.html> From G-A's article: Our Supreme Court has held that as a general matter an injunction cannot issue if there is an adequate remedy at law. This follows, according to the Court, because the standard for when injunctions may issue derives directly from the practice of the English Court of Chancery around 1789, which followed the same principle. This Article argues that the Supreme Court’s reading of general Chancery custom is inapposite in copyright cases, and that, as a matter of historical practice, the Chancery never inquired into whether a copyright plaintiff had an adequate remedy at law. The remedies at law were deemed categorically inadequate. The Supreme Court could thus hold today, without running afoul of traditional equitable principles, that a copyright injunction can issue without regard to the adequacy of money damages. As far as copyright holders being ineligible to sue because third-party users were harmed, you might want to see the Lilly Ledbetter law that was just passed. GPL violations cause harm to third-party users, but they are not aware of the harm caused to them because of the very violation. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
