Plaintiffs Humax, Western Digital, JVC, Versa and Best BUy correctly asserted that the plaintiffs lack standing to bring the GPL claims.
The GPL attempts to grant benefits to all "third parties" (hence the name "Public License"). Nowhere in the GPL is either actual party (i.e. non-third party) to the contract named as a beneficiary. Thus the plaintiffs have no Article III standing since they are not contract beneficiaries. "A plaintiff must point to some type of cognizable harm, whether such harm is physical, economic, reputational, contractual, or even aesthetic. . . But the injury in fact test requires more than an injury to a cognizable interest. It requires that the party seeking review be himself among the injured.” Koziara v. City of Casselberry, 392 F.3d 1302 (11th Cir. 2004) Sincerely, RJack :) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss