(OT) - Major Blow to Copyleft Theory

Arnoud Engelfriet arnoud at engelfriet.net
Mon Aug 27 14:34:16 UTC 2007


Michael Poole wrote:
> Does such a distinction exist under civil law?  If not, the difference
> in contract formation may not be relevant.  Judging from Harald
> Welte's gpl-violations.org efforts, specific performance is an
> available remedy under German law.

As far as I know, specific performance is a routine remedy
under European civil law. You promised to do X, and you
did not, so the court now makes you do X. Under penalty of
daily fines if necessary.

I've never understood the reason why specific performance is
something special under common law.

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/




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