Sun, Jul. 29, 2007

Consular Notification: Deference

CK - Washington.   A thoughtful analysis, Germany and the United States: Exploring a Transatlantic Divide in Search of a Uniform Interpretation of Consular Rights, by Carsten Hoppe lays out the differences between the United States and German courts in the deference and consideration afforded decisions of the International Court of Justice in The Hague in consular notification matters after the LaGrand and Avena cases under Article 36 of the Vienna Convention on Consular Relations.

GPL 2 Enforced

CK - Washington.   One of the major licenses for open-source software caused proprietary VoIP vendor Skype a headache in Munich. Reliable sources in Germany report that the first Munich district court decided against Luxembourg-based Skype on the complaint of GPL enforcer gpl-violations.irg. The currently unpublished decision may be appealed.

Reportedly, Skype incorporated Linux code into a a VoIP telephone made by Spanish manufacturer SMC Networks and failed to provide buyers with a copy of the GPL and sufficient access to the cource code. The plaintiff has had success in enforcing the GPL in Germany. The Munich court appears particularly keen on enforcing licenses.

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