On 3/16/2010 12:46 PM, RJack wrote:
Plaintiffs Humax, Western Digital, JVC, Versa and Best BUy correctly asserted that the plaintiffs lack standing to bring the GPL claims.
No, they are incorrect in their claim.
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 benificiary. Thus the plaintiffs have no Article III standing since they are not conract beneficiaries.
This argument is backwards. The plaintiffs are not beneficiaries of the GPL, they are copyright holders of the covered work.
"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.”
<http://www.cafc.uscourts.gov/opinions/08-1001.pdf> Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. As the Second Circuit explained in Gilliam v. ABC, 538 F.2d 14, 21 (2d Cir. 1976), the "unauthorized editing of the underlying work, if proven, would constitute an infringement of the copyright in that work similar to any other use of a work that exceeded the license granted by the proprietor of the copyright." Copyright licenses are designed to support the right to exclude; money damages alone do not support or enforce that right. The choice to exact consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar-denominated fee, is entitled to no less legal recognition. Indeed, because a calculation of damages is inherently speculative, these types of license restrictions might well be rendered meaningless absent the ability to enforce through injunctive relief. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss