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Defence statement released in Israeli GPL test

Posted by Scott_Ruecker on · 5 comments
Linux.com; By Bruce Byfield
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The defence in the Jin vs. Ichessu case, in which the GNU General Public License (GPL) is being tested in Israeli court, has filed a detailed defence, which moves the lawsuit from the fast-track short proceedings option into a regular court, where arguments are longer and possible settlements are unlimited. More importantly for the free and open source software community, the case now seems to hinge either on interpretations of the GPL or whether the GPL is valid under Israeli copyright law.

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Comments (5)

Could anyone, knowledgeable, comment on why the GPL would be illegal under Israeli copyright law?

Does Israeli copyright law prohibit copyright holders from distributing their own material under a license? Does it prohibit distribution of copyrighted material by anyone other than the copyright holder (like can only Stephen King sell his books in Israel, but not his publisher)?

Its hard to see how the GPL can be illegal in almost any jurisdiction (outside of Redmond, WA). If anyone knows, I'd appreciate your thoughts.
It's just that Israeli copyright law may not support the GPL. It depends on they interpret the GPL, probably along the lines of license vs. contract. There may be other factors that I am not aware of.
It could be.

But anything that would restrict the GPL v2 would have a pretty big impact on the publishing industry in general.

Its hard too picture in a Democracy.

I could see a dictatorship restricting all licensing to ruling party members or something like that, but Israel?
I don't know if you recall, but there was a question about the validity of the GPL in Germany some time back. Iirc, the issue came down to whether the courts would consider it a contract, in which case, it would have been invalidated. They apparently upheld it as a license. Now that I have actually read the article and its predecessor, the end of the article refers to derivative works - meaning that Israeli law may not recognize that an author has any rights over such derivative works. Frankly, the defense better hope that is the case. Otherwise, they are fairly well sunk, except for the screenshots. I think the plaintiff is shooting in the wind on that point. Just my 2nd-hand opinion.
I see what you are saying.

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