FSF Lawyer and Board Member Serves as Expert Witness in Lawsuit Related to GNU GPL

Frederic Couchet fcouchet at april.org
Wed Feb 27 08:12:27 UTC 2002

   Media Contact: Free Software Foundation
   Bradley M. Kuhn <pr at gnu.org>

FSF Lawyer and Board Member Serves as Expert Witness in Lawsuit Related to GNU

   Boston, Massachusetts, USA - Tuesday, February, 26, 2002 - Eben
   Moglen, General Counsel to the Free Software Foundation (FSF), will
   testify as an expert witness in the Progress Software Corporation vs.
   MySQL AB case currently pending in United States District Court in
   Massachusetts. The current focus of this case is a preliminary
   injunction sought by MySQL AB concerning a violation of the GNU
   General Public License (GPL) by Progress Software Corp.

   Progress lost the right to distibute MySQL due to a violation of the
   GNU GPL. Progress distributed a proprietary software component,
   Gemini, that combined with the GPL'ed MySQL database system. Gemini
   was linked statically with the MySQL system to form a single binary
   program. Many times, the FSF has enforced the GNU GPL in such
   situations, when our copyrights were at stake. We do such enforcement
   in a confidential setting without the need of court action. Since
   Progress distributes no FSF-copyrighted code, the FSF is not a party
   in the case; however, the FSF takes a strong position that Progress is
   indeed in violation of the GNU GPL.

   Moglen said: "In our minds, Progress Software Corp. has committed a
   garden-variety violation of the GNU GPL. We expect to prevail as we
   assist MySQL AB in their enforcement action. We are quite surprised
   that Progress has brought the action this far."

   The preliminary injunction hearing will take place at 2:00 PM on
   Wednesday, February, 27, 2002 at the Federal Court House in Boston,
   Massachusetts in the court of Judge Patti B. Saris.

   Moglen's full affidavit in this case is available at
   http://www.fsf.org/press/mysql-affidavit.html. Moglen's full essay
   about enforcing the GNU GPL is available at

  About Eben Moglen:

   Eben Moglen holds a PhD. in history and a J.D. from Yale University.
   Moglen is currently a professor of law and legal history at Columbia
   University Law School, and serves as general counsel for the Free
   Software Foundation.

  About Free Software Foundation:

   The Free Software Foundation, founded in 1985, is dedicated to
   promoting computer users' right to use, study, copy, modify, and
   redistribute computer programs. The FSF promotes the development and
   use of free (as in freedom) software---particularly the GNU operating
   system and its GNU/Linux variants---and free documentation for free
   software. The FSF also helps to spread awareness of the ethical and
   political issues of freedom in the use of software. Their web site,
   located at http://www.gnu.org, is an important source of information
   about GNU/Linux. They are headquartered in Boston, MA, USA.

   Copyright © 2002 Free Software Foundation, Inc., 59 Temple Place -
   Suite 330, Boston, MA 02111, USA

   Verbatim copying and distribution of this entire article is permitted
   in any medium, provided this notice is preserved.

   Updated: $Date: 2002/02/26 20:21:57 $ $Author: bkuhn $

Petition contre les brevets logiciels      http://petition.eurolinux.org/
Frederic Couchet                     Tel: 06 60 68 89 31 / 01 49 22 67 89
APRIL                                               http://www.april.org/
FSF Europe French Chancellor	                 http://www.fsfeurope.org/

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