On 9/20/05, Alexander Terekhov <[EMAIL PROTECTED]> wrote: > On 9/20/05, Branden Robinson <[EMAIL PROTECTED]> wrote: > [...] > > Harald Welte have successfully pursued > > infringment claims against people who violate the GPL. > > Einstweilige Verfuegung (ex parte action) != Hauptverfahren (lawsuit). > > http://www.macnewsworld.com/story/43996.html > > <quote> > > It's a Small Welte After All > > Across the wide ocean, other enforcement of the GPL runs along a > different trail. Harald Welte, a self-appointed enforcer of the GPL > who operates a GPL Web site filed two actions with the District Court > of Munich to enforce the license. In both cases, Welte was the author > of code that had appeared in the defendant's product. The court > granted Welte an injunction against Sitecom Deutschland GmbH, > prohibiting Sitecom from distributing a wireless networking router > until it complied with the GPL. > > </quote> > > Well, the injunction was about "netfilter/iptables code" and nothing > else. No word about the router. > > http://groups.google.de/group/gnu.misc.discuss/msg/f80709afd63b125a > http://groups.google.de/group/gnu.misc.discuss/msg/cba0154ba16f2117 > > <quote> > > Sitecom appealed the injunction, but lost, > > </quote> > > Sitecom's objection (not really "appeal") to the injunction had really > nothing to do with the GPL. And the subsequent ruling by the same > district court "discussing" the GPL (as presented by Welte's attorney) > was so bizarre that nobody over here in his right mind believes that it > could have withstand the scrutiny of Hauptverfahren, real appeals aside > for a moment. > > <quote> > > and Sitecom later posted the terms of the GPL on its FAQ Web page for > the router. Welte also filed for an injunction against Fortinet UK Ltd. > based on its firewall products, with similar results. > > Though much has been made of these two cases, there are reasons why > Welte has already obtained injunctions in Germany while the FSF has > not yet sought one in the US. Injunctive enforcement in Germany is so > simple and quick that it makes Americans suspicious about piddling > legal details like legal due process. In Germany, a preliminary > injunction can be obtained ex parte -- in other words, without giving > the defendant the chance to defend itself. (This has the > appropriately scary sounding name einstweilige Verfuegung.) > > </quote> > > See also: > > http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/1e07... > http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/3bdf...
I meant http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/1e07a593e5e09d59 http://groups.google.de/group/comp.sys.ibm.pc.hardware.chips/msg/3bdfe293b33c6b6e regards, alexander.