Thursday, May 08, 2008

Skype withdraws appeals case, "Welte vs. Skype Technologies SA" accepts the earlier judgement from lower court.

The court hearing in the "Welte vs. Skype Technologies SA" case went pretty well. Initially the court again suggested that the two parties might reach some form of amicable agreement. We indicated that this has been discussed before and we're not interested in settling for anything less than full GPL compliance.

The various arguments by Skype supporting their claim that the GPL is violating German anti-trust legislation as well as further claims aiming at the GPL being invalid or incompatible with German legislation were not further analyzed by the court. The court stated that there was not enough arguments and material brought forward by Skype to support such a claim. And even if there was some truth to that, then Skype would not be able to still claim usage rights under that very same license.

The lawyer representing Skype still continued to argue for a bit into that direction, which resulted one of the judges making up an interesting analogy of something like: "If a publisher wants to publish a book of an author that wants his book only to be published in a green envelope, then that might seem odd to you, but still you will have to do it as long as you want to publish the book and have no other agreement in place".

continue here...


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