Linked by Thom Holwerda on Mon 12th Oct 2009 18:25 UTC
Legal Now that all the nastiness of the discovery phase is behind us in the Apple vs. Psystar case, both parties are trying to get the case settled before it goes to court, much like the recent Vernor vs. Autodesk case. Both Apple and Psystar have filed motions asking for a summary judgement.
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RE[7]: OSNews legal analysis
by Thom_Holwerda on Mon 12th Oct 2009 20:39 UTC in reply to "RE[6]: OSNews legal analysis"
Thom_Holwerda
Member since:
2005-06-29

The differences between the GPL and an EULA are very important in this matter. Stating that both of them look like contracts does not make them the same from a legal standpoint.

The difference between an EULA and the GPL is that a GPL violation is automatically a *copyright* violation, whereas a violation of an EULA *could* be a copyright violation, but it could also be a mere *breach of contract*.

Breach of contract is not illegal. Copyright violation is illegal.

I can cite you every case in which the GPL has been tested in any court in any country in the world. Because the GPL *grants* rights you would not have under default copyright, violation of it means you are violating copyright. This core notion of the GPL has been upheld by courts all over the world, and it. Has. Never. Failed.

When it comes to cases in which the EULA has been involved, you'll see numerous cases going against the EULA, numerous cases going for the EULA; in general, it's all very muddy and nobody really knows what it all means.

On top of that comes the fact that the manner in which you agree to an EULA is very questionable, whereas agreement with the GPL is an unimportant point; mere users do not need to agree to the GPL (as it does not restrict usage in any way), and developers/distributors can not disregard it because that would mean they would violate copyright.

This is not an analysis, this is pure and simple fact, proven time and time again in all those GPL court cases.

Edited 2009-10-12 20:40 UTC

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