(OT) - Major Blow to Copyleft Theory

Matthew Flaschen matthew.flaschen at gatech.edu
Wed Aug 29 02:21:42 UTC 2007

Alexander Terekhov wrote:
> The standard for PI under copyright infringement claim includes
> presumption of irreparable harm. The judge didn't apply it (and used a
> contract standard instead).

She did consider, "a factual dispute concerning whether the Gemini
program is a derivative or an independent and separate work under
GPL ¶ 2.  After hearing, MySQL seems to have the better argument here,
but the matter is one of fair dispute."  Obviously, derivative works are
clearly a copyright law issue.  But the ruling primarily seemed to
consider trademarks.

Matt Flaschen

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