Copyright Trolling: Abusive Litigation Based on a GPL Compliance

The IP world has long been familiar with the phenomenon of arguably abusive patent litigation by non-practicing entities (NPEs), known as “patent trolls”. This activity has now extended to the copyright realm, frustrating both copyright holders and users alike. Similarly to patent trolling, a monetary settlement reached outside the court is the main stimulus for such copyright enforcement.Beware of trollsAs such, many such settlements are subject to confidentiality undertakings and hence the scope of such activity is difficult to quantify. That said, there are distinctive features of copyright trolling. Consider the ongoing activity driven by a Linux kernel contributor in Germany. German procedural law Why there?  German preliminary injunction procedure is particularly designed to prevent infringing activity as soon as possible and its mechanism is set up to achieve this goal. The injunction proceedings are low cost and fast. According to this summary by Hogan…

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