GPL enforcement: waiting for the Monsoon
Posted Sep 26, 2007 19:45 UTC (Wed) by pmilne
Parent article: GPL enforcement: waiting for the Monsoon
The issue is not GPL enforcement but enforcement action when copyright is breached. It is the person making use of GPL'd works who relies on the GPL as a defence to a copyright breach claim. All the accuser needs to do is claim that copyright is breached, and possibly elaborate on this by explaining that the breach complained of does not meet one or more terms of the GPL.
It is then over to the defendant to argue why his or her use falls in terms of the GPL. As Eben Moglen says, it is over to the defendant to wave [around] the GPL to defend a claimed copyright breach. It is rather difficult to try and do this by arguing that the GPL is unlawful, unconstitutional, not tested in court, anti-American, fattening etc.
The GPL is of international applicability - a defendant in any Berne Convention country can wave around the GPL to defend a copyright breach claim. The GPL is not just a USA thing.
This is why a hearing directly aimed at the validity of the GPL will not be coming to a courthouse near you (or anywhere in the world) any time soon.
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