[imp] GPL investigation favor

[Michael M Slusarz]

Quoting Edwin Culp <eculp@encontacto.net>:

| Chuck and Jon,
| 
| I've got a partner who is a good and experienced lawyer, that I am sure 
| I could convince to write a letter even though he just left for vacation.
|  
| He'll get bored on the beach and be looking for something to do:-)  He's 
| shown interest in the OS licenses in the past.  If and when you feel that
| 
| the time has come, let me know.  
| 
| BTW, is anyone aware of precedence in this type of situation?

Well... copyright violations in the U.S. are codified in Title 17 - 
remedies are codified in 17 USC 501 (et. seq.).  The typical remedies are 
available - injunctions, impouding and disposition of infringing articles, 
damages and profits, and costs and attorneys fees.

An example of what needs to be shown, at least for a preliminary 
injunction, can be found in Progress Software Corp. v. MySQL AB, 195 
F.Supp.2d 328, 329 (D.Mass. 2002):

With respect to the General Public License ("GPL"), MYSQL has not 
demonstrated a substantial likelihood of success on the merits or 
irreparable harm. Affidavits submitted by the parties' experts raise a 
factual dispute concerning whether the Gemini program is a derivative or an 
independent and separate work under GPL ¶ 2. After hearing, MySQL seems to 
have the better argument here, but the matter is one of fair dispute. 
Moreover, I am not persuaded based on this record that the release of the 
Gemini source code in July 2001 didn't cure the breach.
In any event, even if MySQL has shown a likelihood of success on these 
points, it has not demonstrated that it will suffer any irreparable harm 
during the pendency of the suit, particularly in light of the sworn 
statement that all source code for Gemini has been disclosed and the 
stipulation, given by Progress during the hearing, that the end use license 
for commercial users will be withdrawn. Finally, because the product line 
using MySQL is a significant portion of NuSphere's business, Progress has 
demonstrated that the balance of harms tips in its favor regarding the use 
of the MySQL program under the GPL.


i'm not trying to turn this list into a legal aid clinic or anything... :)

michael
______________________________________________
Michael Slusarz [slusarz@bigworm.colorado.edu]
The University of Colorado at Boulder