[ossig] German court validates GPLv2 (machine translated title: Skype because of GPL injury condemns)

[Ditesh Kumar]

Considering the rarity of decided cases involving GPL, here comes some
news from Germany.

>From http://translate.google.com/translate?u=http%3A%2F%2Fwww.golem.de%
2F0707%2F53684.html&langpair=de%7Cen&hl=en&ie=UTF8

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Skype because of GPL injury condemns


Regional court Munich I: GPL must be kept accurately
Once more confirmed a German court the validity of the GPLv2. The
regional court Munich condemned Skype because of the injury of the GPL,
which above all is interesting, because it concerns thereby a foreign
enterprise. 


However the VoIP software of Skype was not the center of attention, on
the contrary it concerned the VoIP telephone SMCWSKP 100 from SMC, which
is sold Skype over its Website and which is delivered without the
appropriate Linux source texts, was based it nevertheless on the free
operating system. On the other hand Netfilter developer Harald Welte had
complained, which holds at parts of the Linux Kernel copyright and with
its project gpl-violations.org for years against GPL injury proceeds.

Apart from the fact that the regional court Munich I (Az. The judgement
condemned, does not turn off 7 O 5245/07, yet validly) with Skype a
Luxemburger company also very clearly to an exact adherence to the GPL.
A supplement was attached to the equipment later, which referred to the
used GPL software and contained URL, where the source texts are callable
- nevertheless this are sufficient the court in the available case, not.
This possibility plans the GPL only for software, which is supplied over
Internet. Besides the text of the GPL also on the supplement, which
likewise offends against the license obligations, was missing.

Beside the procedure against Skype at present also one legal proceedings
are pending against the Vertreiber of the telephone, SMC network. Dr.
Julia Küng on the sides Institut for legal questions of the free ones
and open SOURCE software (ifrOSS) published, also to the attorney Dr.
Till hunter belonged to details for the background of the procedure,
that represented the plaintiff Harald Welte in the law case against
Skype. (ji) 


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