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GPL May Not Work In German Legal System
erbse2 writes "It may be that the (L)GPL can not be (fully) enforced under German jurisdiction. This is at least the conclusion professor Gerald Spindler of the jurisprudential faculty of the University of Goettingen came to when he examines the Legal questions of the open source software (It's long, it's complex and it's in German and it's written by a professor, so don't expect to understand anything, if you are not a German lawyer).
Heise News has the article in German, however, the fish may be with you.
IANAL, however, as one can put some of the legal problems aside, most of the concerns mentioned in there should provoke at least some thought by brave men around RMS."
It's long, it's complex and it's in German and it's written by a professor, so don't expect to understand anything, if you are not a German lawyer
:)
We'd not read it even when it's short, simple and in English, so how hard could it be.
SCO's CEO, Darl Mac Bride, has just declared that the SCO company will move to Frankfurt, Germany, and will be renamed FGO (Frankfurt Germany Operation).
I don't generally understand long, complex, legal arguments in German, but the astounding Fish translates it perfectly. Here are a couple quotes:
"Employers could go on thin ice, if they pay coworkers for the letter of open SOURCE often commodity."
"Even if one can argue perhaps over or other detail the study, then she calls many problems nevertheless with the name."
...a reason to learn German. And finally a real reason to post b4 reading the FA.
Das machine is nicht fur gefingerpoken und mittengrabben. Ist easy
schnappen der springenwerk, blowenfusen und corkenpoppen mit
spitzensparken. Ist nicht fur gewerken by das dummkopfen. Das
rubbernecken sightseeren keepen hands in das pockets. Relaxen und vatch
das blinkenlights!!!
ehh.. I think babelfish has been on the crack pipe again
It's long, it's complex and it's in German and it's written by a professor, so don't expect to understand anything, if you are not a German lawyer
I AM a German lawyer and it is the FIRST article I have understood on Slashdot!
An article in which people really CAN'T read it before they post, so no excuses, this time! Babelfish is about as good as a strung-out german in the ghetto... Good work, Slashdot.
Excuse me, I don't mean to impose, but I am the ocean
Developers may be held liable... [...] And buyers of such software must be prepared that liability is limited to the criteria common for items given away for free, i.e. severe negligence only.
This makes software under GPL in no way different than any commercial software you buy in Germany from a liability point of view.
Actually, I think all this is typical self-contradictory FUD. As you see above, the study basically says that Free Software is bad for developers, because they expose themselves to liability. And then it turns around and says, oh, and Free Software is bad for customers, because that liability is limited! Translation: OK, in Germany, everyone is liable to a certain extent for the software they write (we knew that), but Free Software is actually better off.
...and you'll always find one where your favorite license is not legal nor enforceable.
The good side is that the MS'EULA may not be legal everywhere too.
And in many years, people from Jupiter, Aldebaran or Coruscant will claim that the GPL and the EULA from MS are both non-sense according to their legal system ("what's this 'intellectual property' crap??!!" will they ask). If they have one.
(The reverse may be true: the Generous Telepathic License from Pluto is probably not legal on Earth.)
Christophe (Don't hesitate to point out my spelling and grammar mistakes, I want to learn - Thanks).
"Forget Linux!" says the FSF, "by the time all the lawsuits finish we'll have HURD!!!"
1. Abandon Linux in its moment of need
2. Devlope a fully GNU alternative
4. ???
5. Philosophize!
The unofficial
The opinion of one lawyer is worth precisely nothing, unless he's the judge and you haven't got enough money to escalate to a higher court.
Panurge has posted for the last time. Thanks for the positive moderations.
So you're saying they're passive-aggressive? I'm offended.
Laws are for people with no friends.
Here's a shining example of the same German legal system. Enough said!!
Let me try to keep up: if someone asks whether Martha Stewart might avoid jail time, I'll ask "Did Jeffrey Dahmer avoid jail time?"
- First they ignore you, then they laugh at you, then ???, then profit.
One hundred thousand lines of code will take 100 programmers two weeks.
And we have them.
Unless SCO produces a contract signed by Linus in 1990 granting them rights to all future derivatives, they won't even put a dent in Linux.