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  • From: Seth Alan Woolley <seth AT positivism.org>
  • To: sm-discuss AT lists.ibiblio.org, Benoit PAPILLAULT <benoit.papillault AT sourcemage.org>
  • Cc:
  • Subject: Re: [SM-Discuss] ISO contrib file
  • Date: Sat, 12 Feb 2005 12:20:07 -0800

On Sat, Feb 12, 2005 at 10:58:27AM +0100, Arwed von Merkatz wrote:
> On Fri, Feb 11, 2005 at 02:37:24PM -0800, Seth Alan Woolley wrote:
> > On Fri, Feb 11, 2005 at 09:24:10PM +0100, Benoit PAPILLAULT wrote:
> > > Seth Alan Woolley a écrit :
> > > >I would add that the GPL FAQ is not legally binding, either, and the
> > > >ChangeLog should suffice for what the FSF is getting at.
> > >
> > > Where do we can seek for a legally binding then? I thought at least
> > > that
> > > the GPL FAQ would have been the best place to have some guidelines (if
> > > it's not legally binding).
> >
> > The text of the GPL itself is the legally binding part. Our social
> > contract is also legally binding. legal bounds are determined by
> > guesswork by lawyers and settled in courts with precedents. The GPL has
> > not been fully legally tested in judged court decisions, so we're at
> > "guesswork" stage.
>
> In germany it has been confirmed to be fully valid by a court order.
>
> [1] http://www.groklaw.net/article.php?story=2004072315554313
> [2] http://www.groklaw.net/article.php?story=20040725150736471

German law of course has no jurisdiction in the United States, which
sees to enforce its own interpretation through the use of European law
enforcement in the past (DVD Jon), despite contrary local law (which
freed Jon of wrongdoing).

Maybe with their current foreign minister, Germany is not susceptible to
that problem? In any case, they still affirmed the GPL text, not an
unofficial FAQ.

Seth

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