Rjack <[email protected]> presents another irrelevant citation:

>"Generally speaking, New York respects a presumption that terms of a
>contract are covenants rather than conditions....

The GPL is very clear that its conditions are conditions.  From version 2,
and note the parts that I have capitalized:

  Any attempt otherwise to [do other things] will AUTOMATICALLY
  TERMINATE your rights under this License.

  If... conditions are imposed on you...that contradict the CONDITIONS
  of this License, they do not excuse you from the CONDITIONS of this
  License.
-- 
Rahul
http://rahul.rahul.net/
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