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Date:      03 Dec 2002 09:55:01 -0800
From:      swear@attbi.com (Gary W. Swearingen)
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        freebsd-chat@freebsd.org
Subject:   Re: Is a port skeleton considered a derivative work under the GPL?
Message-ID:  <z78yz73s3u.yz7@localhost.localdomain>
In-Reply-To: <3DEBDA15.6EE31FB4@mindspring.com>
References:  <3DE9A680.4000702@pantherdragon.org> <3DE9B0CC.8A368E61@mindspring.com> <joadjo5j7q.djo@localhost.localdomain> <3DEBDA15.6EE31FB4@mindspring.com>

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Terry Lambert <tlambert2@mindspring.com> writes:

> [...]  Case law is only binding on lower courts in the
> jurisdiction in which it was ajudicated (i.e. the 3rd Circuit Court
> of Appeals is not bound by the decisions of the 5th Circuit Court of
> Appeals).  Only if a decision is made by the U.S. Supreme Court, is
> the case law binding on all U.S. courts.

OK, but where could it be adjudicated?  The jurisdiction of US federal
circuit courts apparently extend to Panama and overlap jurisdictions of
other circuit courts which also extend to Panama and overlap
jurisdictions of Panamanian courts.  Even in the case of US state courts
where contracts are first adjudicated, which state will handle an
infringement case?  Where the infringer did his nasty deed, or from
where the licensor published the material infringed, or either?
It gets worse when one considers GPL licensors from other countries than
the infringer's.

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