On 2/12/06, Mahesh T. Pai <[EMAIL PROTECTED]> wrote: [...] > I believe that the position is similar in `Civil law' systems, > (France, Germany and similar jurisprudential systems).
Strange things happen in the civil law district of Munich I. http://www.oii.ox.ac.uk/resources/feedback/OIIFB_GPL2_20040903.pdf ----- The defendant argued: The temporary injunction should be lifted because the defendant is not liable to be sued. The plaintiff has no right to sue him.. The defendant is not concerned with the distribution and/or duplication and/or making public the software !netfilter/iptables. He, the defendant, is a pure support company, and is not concerned with selling, reproducing, or making available the software. He has never undertaken these activities and will not do so. It has previously been pointed out to the plaintiff that selling, reproducing and making available software are not undertaken by the defendant but by the company S[itecom] Europe BV. Furthermore, there was a notification that the web site had already been amended. It is obvious that the company [Sitecom] Europe BV was to clarify the matter and the matter would be clarified by it. There is therefore no reason to grant preliminary remedies. ----- Now, one can become a "contributory infringer" in Munich I on the grounds that another legal person lists your address on its web site... OK. But what the heck was the point of granting the preliminary injunction ---- 1. The defendant is under penalty […] enjoined from distributing and/or copying and/or making available to the public the software "netfilter/iptables" without at the same time – in accordance with the license conditions of the GNU General Public License, Version 2 (GPL) – making reference to the licensing under the GPL and attaching the license text of the GPL as well as making available the source code of the software "netfilter/ iptables free of any license fee. ---- given that the defendant has explained that "he has never undertaken these activities and will not do so." Go figure. regards, alexander.
