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German Court Says GPL is Valid

Axel Metzger writes "The Munich District Court has ruled on May 19, 2004 that the main clauses of the GNU General Public License are valid under German copyright and contract law. This seems to be the first judgment worldwide proofing the validity of the most popular free software license. The ruling is a confirmation of the preliminary injunction of April 2, 2004. The new judgment gives on 20 pages the reasons for the ruling. It states explicitly that the terms of section 2, 3 and 4 of the GPL are valid under German copyright and contract law. Here is the German text of the judgment; an English translation will be available soon. The judgment comes at the right time to fight those (SCO and others) who challenge the legal validity of the GPL in Europe and elsewhere. The lawyer of the plaintiffs, Till Jaeger from Munich should be granted the Free Software Award."

8 of 327 comments (clear)

  1. American Courts by wormeyman · · Score: 5, Funny

    Considering that the Supreme Court ruled that the Texas sodomy law was invalid based on European court's rulings perhaps IBM can use this and that case as part of their defense.

  2. Mr. McBride takes the stand... by ScottGant · · Score: 5, Funny

    Prosecutor: Mr. McBride, isn't it true that you have a tattoo on your chest that says "DIE, GPL DIE"?

    Darl McBride: No no! That's German for "The GPL, the".

    Jury mumblings: Well, no one that speaks German can be evil! NOT GUILTY!

    --

    "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
  3. It proves again that ... by Anonymous Coward · · Score: 1, Funny

    ... Germany is just ambitious and misunderstood ...

    Now we must hope that, as usual, everyone wants to be like Germany!

  4. Re:It's nice by surreal-maitland · · Score: 4, Funny
    sure we do. we take counsel in our allies who agree with us. because those are obviously our closest allies. because they agree with us and that means they must be right.

    anyway, can't folks in the judicial system can still use this as 'precedent' in a way?

    --
    -ninjaneer
  5. Re:Take THAT, SCO! by oxygene2k2 · · Score: 2, Funny

    if you mean hitler, he was austrian, just as the current californian governor..

    oops :)

  6. IANAL by cwis42 · · Score: 2, Funny

    For all of you who are wanting to post into this topic, I give you some "IANAL" so you won't have to bother yourself:

    IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL IANAL

    Just copy and paste 'em wherever needed, you are encouraged to actively put one of them into each paragraph of your posts.

    Thank you for your cooperation.

  7. Summary by stud9920 · · Score: 1, Funny

    Das Kopyreit Law ist geliegal. A Licenz gibt echstra Gerights tu der Juser unter zome Konditioner. Der Juser ist total frei to nicht taken diese Gerights, in which Kase Standart Kopyreit Law appleitz. Ende of die Storien.

    1. Re:Summary by dr_hassel · · Score: 2, Funny

      GPL ist nicht für gefingerpoken und mittengraben.

      Gruß, Kai-)