reopen 350739
thanks

On Mon, Apr 03, 2006 at 10:11:19PM +0200, Eduard Bloch wrote:

> I am sorry to say that I must close this bug report. For a simple reason: I
> have been threatened by Joerg Schilling who claims that I would defame him
> by distribution of untrue and unproveable statements WRT to his works and
> kind of licensing them.

Legal intimidation does not make this cease to be a bug.  If anything, a
copyright holder who would act in such an antisocial manner towards others
in the Free Software community that are in good faith trying to avoid
violating the intellectual property rights of any other copyright holders is
an even stronger reason to avoid distributing such a work in Debian.

> I do this under protest but beeing forced to do so.

If you are being "forced" to make technically incorrect decisions about the
status of release-critical bugs in the BTS, then I'm afraid I would have to
say your access to the BTS should be restricted for the good of the project.
However, I don't think it makes sense that you would feel compelled to close
bug reports as a result of legal threats; I can understand that you might
choose not to make any further statements about the subject, but for someone
to sue you because of the existence of a bug report in the Debian BTS would
be very... special.

> And now I do even explicitely admit that his statements about the
> separation of GPL ยง3 and the previous paragraphs have a solid basis and
> are a possible valid interpretation of GPL in Germany.

This is no protection for Debian.  I am not in Germany, and German courts
have no personal jurisdiction over me; and even in Germany, the fact that
the advanced interpretation is a possible *valid* interpretation does not
make this interpretation *binding* on Joerg Schilling, the German courts, or
other copyright holders in cdrtools.  (If German law has a principle of
estoppel, that may prevent Joerg from suing us for doing things with
cdrtools that he says his interpretation of the GPLv2 allows; but that still
isn't binding on the other copyright holders.)

Also, I don't buy the notion that German courts are so insane that they
would believe the shell *scripts* in the conf/ directory aren't scripts,
whether or not you accept Joerg's... "unique" definition of scripts that
excludes the contents of the RULES/ directory.

> However, I am faced with a legal threat if I don't do an additional thing:
> closing this bug report. Joerg Schilling has been informed that closing this
> bug report does not have any meaning and it will not magically disappear.
> However, he insists on seeing this act.

I'm sorry that you were unable to stand up to this ridiculous threat.  The
world is a little bit worse for all of us whenever someone is coerced into
taking wrong action by someone with more lawyers than sense.

-- 
Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
[EMAIL PROTECTED]                                   http://www.debian.org/

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