coordinated compliance efforts addresses the issues of this thread

[farmatito at tiscali.it]

This is the first one I found, there may be more:

http://www.h-online.com/open/news/item/GPL-wins-in-French-court-case-
812269.html

GPL wins in French court case

An appeals court in Paris has upheld the ruling from a lower court, 
which found that the 

French firm Edu4 had violated the GNU General Public License (GPL). 
The plaintiff was the 

French Organisation Association française pour la Formation 
Professionnelle des Adultes 

(AFPA), an umbrella organization for adult education.

In 2000, Edu4 equipped the AFPA's computer rooms. In the process, the 
IT firm used a version 

of the VNC remote desktop software without providing the AFPA – as 
required by the GPL – 

with the source code on request. In addition, it turned out that Edu4 
had removed copyright 

and licensing notes from VNC.

When the matter could not be settled out of court, the AFPA took the 
IT firm to court and 

won, but Edu4 appealed the decision. Now, the higher court has 
confirmed the rulingPDF that 

Edu4 should pay €8,000 (£7,195) to the AFPA and cover both the cost 
of court proceedings and 

two expert opinions.

If somebody natively speaking french could translate this pdf it 
would be great

http://fsffrance.org/news/arret-ca-paris-16.09.2009.pdf


Ciao,
Tito



----Messaggio originale----
Da: felipe.contreras at gmail.com
Data: 17/10/2012 15.26
A: "Bradley M. Kuhn"<bkuhn at ebb.org>
Cc: <busybox at busybox.net>
Ogg: Re: coordinated compliance efforts addresses the issues of this 
thread

On Tue, Oct 16, 2012 at 3:33 PM, Bradley M. Kuhn <bkuhn at ebb.org> 
wrote:
> Felipe Contreras wrote at 00:52 (EDT):
>> I'm talking about rights. As a user, I don't have any rights, 
only
>> privileges granted by the developer.
>
> This is where I disagree, in principle.  While you're technically
> correct that the "rights" of copyright law stay with the copyright
> holder, the GPL is clearly designed to pass rights and privileges
> along to each who receives distribution.

It doesn't matter how the GPL was designed, the GPL doesn't have
precedence over the law, and the law doesn't allow a software 
license
to change the nature of copyright law.

> That's a philosophical disagreement.  I don't believe that 
copyright
> holders have some special rights above users -- I believe they 
should
> get equal rights to source code and the ability to modify it.

And I believe differently, and so do a lot of people, which is why 
we
have the law that we have.

>> My point still stands; my rights (developer rights), are not 
being
>> eroded in the least.
>
> This point has some truth to it, but only in a very narrow sense.

I can sue any copyright infringes any time I want, and there's no
change in the law in sight that will prevent me to do so.

> Felipe, I don't know if we're doing value to this list by 
continuing
> this thread.  I think all the positions that everyone has have been 
made
> clear.  This thread has been going off and on since February.  I 
think
> it's time we ended it.  What do you think?

I believe I've said to you all I can say, but it still looks like 
you
think the desires of certain people have precedence over the law,
namely; that the _intent_ of the GPL is what matters, where in fact,
what matters is what the law allows, and what the law allows is 
there
because there's plenty of people that disagree with your
"philosophical disagreement", including me.

Once you accept that your philosophical opinion (or the one of the
FSF) is not relevant for matters of law, then it follows that users
don't have rights, and GPL can't give them such rights... not unless
the law is changed, and that won't happen as long as there's people
like me, or even worst, that disagree with you.

Therefore, users have no rights, they have privileges, and 
developers
that don't enforce the GPLv2, are not eroding the rights.

That is the case *right now*, I wish you could agree on that. About
the future, and what should be the ideal, we should agree to 
disagree.

Cheers.

-- 
Felipe Contreras
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