David Kastrup wrote: [...] > Well, actually the GPL most certainly is _not_ enforceable: it is a > license, not a contract. You are free to ignore it. Unfortunately, > [copyright]
LOL. GNUtian dak admits that copyleft is not enforceable. As for "license, not a contract" GNUtian dak persistently ignores court verdicts in disputes initiated by Harald Welte and ifross.de gang that established that the GPL is a contract. For example http://www.jbb.de/judgment_dc_frankfurt_gpl.pdf "On behalf of the people JUDGMENT ... The GPL grants anyone who enters into such contract... contractual relationship between the authors and Defendant ... incorporated into the contract by virtue of the preamble of the GPL ... Plaintiff, or the licensors from whom Plaintiff derives his right, have not violated any contractual obligations themselves ... Defendant, who violated contractual obligations" GNUtian dak also ignores this: http://www.groklaw.net/pdf/MySQLcounterclaim.pdf ("COUNT VIII Breach of Contract (GPL License)" See the word "Contract" in COUNT VIII? COUNT VIII Breach of Contract (GPL License) GNUtian dak also ignores the following from prolific and learned IBM's lawyers: "SCO's GPL violations entitle IBM to at least nominal damages on the Sixth Counterclaim for breach of the GPL. See Bair v. Axiom Design LLC 20 P.3d 388, 392 (Utah 2001) (explaining that it is "well settled" that nominal damages are recoverable upon breach of contract); Kronos, Inc. v. AVX Corp., 612 N.E.2d 289, 292 (N.Y. 1993) ("Nominal damages are always available in breach of contract action".). " [...] > So far, the defendants have preferred not to go that far but rather come > into compliance. ROFL. http://www2.verizon.net/micro/actiontec/actiontec.asp regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss