Subject: Re: (OT) - Major Blow to Copyleft Theory
From: Arnoud Engelfriet <arnoud@engelfriet.net>
Date: Mon, 27 Aug 2007 18:47:56 +0200

Chris Travers wrote:
> You violate my copyrights in your commercial product, you owe me 
> potentially serious monetary damages to the point where it is not worth 
> it.  You continue to do so.  The GPL has now been terminated so this is 
> basic copyright infringement and I get an injunction.

That's one way to go about it. Things get much more Interesting(tm)
if specific performance, in the form of "publish your source code
under GPL", was available as a remedy for GPL violations.

> What is wrong with awarding monetary damages *first* and them providing 
> an option of an injunction if the behavior continues?

What if the plaintiff doesn't *want* monetary damages but
instead insists on compliance with what was agreed in the first place?

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/