On 7 March 2018, an appeal hearing in a GPLv2 enforcement case took place before the Higher Regional Court of Cologne (docket no. 6 U 162/17). In October 2017, the plaintiff Patrick McHardy had been successful in obtaining a very broad preliminary injunction covering the entire Linux kernel against Geniatech, the producer of the EyeTV product line. Geniatech appealed the decision. After the appeals court presented its preliminary assessment of the merits of the case, the plaintiff withdrew its application for injunctive relief, which ended the proceeding without an official decision. However, the appeals court’s preliminary assessment gave important insights on the legal status of Linux developers under German law.
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