coordinated compliance efforts addresses the issues of this thread

[g.esp at free.fr]

----- Mail original -----
> De: farmatito at tiscali.it
> À: busybox at busybox.net
> Envoyé: Mercredi 17 Octobre 2012 19:02:15
> Objet: Re: coordinated compliance efforts addresses the issues of this thread
> 
> 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
> 
> 
Reading the document, the case is more complicated than a simple license issue.
There was much more money under consideration.

On the first decision (21 september 2004),
 AFPA was condamned due to contract breach to :
- pay 901 927,89 euros (for the delivery of 3 computer rooms),
- pay 8000 euros to cover court proceedings

Edu4 was dismissed to receive damage and interest.


Edu4 appeal the decision, AFPA probably too but the document doesn't formally say so.
In appeal, AFPA win the right to cancel the contract.
EDU4 has to pay 8000 euros plus expert missions costs.

License and copyright were not the only issues.
A harcoded backdoor was found in the delivered product.
EDU4 promissed to deliver the code changes but didn't act.

Probably groklaw is more appropriate for this subject.

Gilles