The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPL

After many years of mostly academic debate about the legal character of the GNU General Public License (GPL) as well as its validity and enforceability, a Munich District Court issued the first-ever judgement dealing with a number of topics in the centre of the discussion. This paper outlines the fa...

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Bibliographic Details
Main Author: Julian P Höppner
Format: Article
Language:English
Published: University of Edinburgh 2004-12-01
Series:SCRIPTed: A Journal of Law, Technology & Society
Subjects:
GPL
Online Access:http://www.law.ed.ac.uk/ahrb/script-ed/issue4/GPL-case.asp
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spelling doaj-b7c8470f19cd4ae4bb181f3815da6f312020-11-24T23:11:26ZengUniversity of EdinburghSCRIPTed: A Journal of Law, Technology & Society1744-25672004-12-0114628635The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPLJulian P HöppnerAfter many years of mostly academic debate about the legal character of the GNU General Public License (GPL) as well as its validity and enforceability, a Munich District Court issued the first-ever judgement dealing with a number of topics in the centre of the discussion. This paper outlines the facts of the case as well as the ratio decidendi of the Court. In addition, it aims to identify and comment on the questions of law underlying the decision.http://www.law.ed.ac.uk/ahrb/script-ed/issue4/GPL-case.aspGPLGermanyFree SoftwareFLOSS
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language English
format Article
sources DOAJ
author Julian P Höppner
spellingShingle Julian P Höppner
The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPL
SCRIPTed: A Journal of Law, Technology & Society
GPL
Germany
Free Software
FLOSS
author_facet Julian P Höppner
author_sort Julian P Höppner
title The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPL
title_short The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPL
title_full The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPL
title_fullStr The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPL
title_full_unstemmed The GPL prevails: An analysis of the first-ever Court decision on the validity and effectivity of the GPL
title_sort gpl prevails: an analysis of the first-ever court decision on the validity and effectivity of the gpl
publisher University of Edinburgh
series SCRIPTed: A Journal of Law, Technology & Society
issn 1744-2567
publishDate 2004-12-01
description After many years of mostly academic debate about the legal character of the GNU General Public License (GPL) as well as its validity and enforceability, a Munich District Court issued the first-ever judgement dealing with a number of topics in the centre of the discussion. This paper outlines the facts of the case as well as the ratio decidendi of the Court. In addition, it aims to identify and comment on the questions of law underlying the decision.
topic GPL
Germany
Free Software
FLOSS
url http://www.law.ed.ac.uk/ahrb/script-ed/issue4/GPL-case.asp
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