David Kastrup wrote:

To have the GPL evaluated on "its merits", the defendant has to state
that he considers being in compliance with the GPL.

And so, just why does the defendant *have* to state "that he considers being in compliance with the GPL."? Is there a gun against his head?

Why couldn't a defendant just as easily claim that Section 2(b) of the GPL was:

(1) Contractually unenforcible.
(2) Preempted by 17 USC 301(a).

Sincerely,
Rjack :)

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