Hello Alain,

I am in the final stages of preparing for a vacation beginning early
tomorrow, so I will get back to you on this next week when I am back. 
Thanks for the references to the German legal cases, I will read them
all (really).

One thing I will say is: Bareos believes and has requested the court to
order:

  GPL == any modifications or additions *must* be made public.

The above is certainly what RMS would hope to see on a voluntary basis,
but he was smart enough to know that requiring it would never work and
thus he explicitly never made it a *requirement* or even part of the
four fundamental freedoms.

Best regards,
Kern

On 05/23/2014 05:28 PM, Alan Brown wrote:
> On 23/05/14 15:54, Kern Sibbald wrote:
>
> > However, the Bareos response is really
>> quite shocking to me because of their ignorance of what open source is,
>> and in particular what the AGPLv3 license actually says.
>
> I'd be interested to know what the claim is here
>
> The usual flawed assumption is GPL == public domain ("exhaustion of
> the right to distribute"), and/or that GPL is a violation of the
> German Antitrust Act
>
>
> German courts have already ruled on both arguments.
>
>
> http://gpl-violations.org/news/20060922-dlink-judgement_frankfurt.html
>
> It was one of the very first GPL test cases in the EU and is regularly
> used as precedent in these kinds of cases.
>
> http://gpl-violations.org/news/20061110-dlink-judgement_frankfurt_en.html
>
> http://www.jbb.de/judgment_dc_frankfurt_gpl.pdf (English version)
>
> http://www.jbb.de/urteil_lg_frankfurt_gpl.pdf (German version)
>
>
>
> Most lawyers would look at this court result and offer to settle.
>
>


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