Jeff
----- Original Message -----
From: Tim Smith <tzs@tzs.net>
To: Jeff Merkey <jmerkey@timpanogas.com>
Cc: <linux-kernel@vger.rutgers.edu>
Sent: Saturday, May 22, 1999 6:26 AM
Subject: Re: Fw: Annoying GPL issues
> On Fri, 21 May 1999, Jeff Merkey wrote:
> > Our attorneys have reviewed the GPL language, and to be honest, it has
about
> > as many holes in it as Jed Clampet's Cabin on the Beverly Hillbillies.
The
> > wind blows right through it. Copyright infringement claims seem to be
the
> > only relief available, but how do you show a damages case when you are
> > giving the code away for free? The answer is that you really cannot.
>
> [Assumption: we are talking about United States law]
>
> There are (at least) three things it appears your attorneys have
overlooked.
>
> (1) The major goal in such a suit would be to stop the infringement, not
to
> squeeze money out of the infringer.
>
> (2) The copyright owner could elect statutory damages instead of actual
> damages.
>
> (3) Damages include the infringer's profits from the infringement. If the
> infringer is not giving the infringing code away for free, this could be
> a substantial sum.
>
> > There's also the issue of irreparable harm. You might get an injunction
> > against someone if you can show irreparable harm, but the Federal Rules
of
> > Civil Procedure require that no injunction can be "adverse to the public
> > interest" or it cannot issue from a court.
> ...
>
> That concerns preliminary injunctions.
>
> --Tim Smith
>
>
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