David Kastrup wrote: > > Alexander Terekhov <terek...@web.de> writes: > > > RJack wrote: > > [...] > >> b) They'll tell the court that the doctrine of promissory estoppel applies. > > > > That's Versa's tenth defense. > > > > "TENTH AFFIRMATIVE DEFENSE > > (ESTOPPEL) > > > > On information and belief, Defendant alleges that Plaintiffsâ claims are > > barred by the doctrine of estoppel." > > Yeah, that one is hilarious as well. "Dear court, how could we assume > that we had license conditions to heed when making use of a license? > They promised we could use their software under GPL, that certainly must > be enough to stop them from asking us to heed it."
"Asking us to heed it" is a contract claim, not copyright infringement claim you silly. By filing copyright infringement claim the licensor materially breaches his obligation/consideration (i.e. obligation not to sue for infringment) in a license agreement. "FOURTEENTH AFFIRMATIVE DEFENSE (MATERIAL BREACH) On information and belief, Defendant alleges that Plaintiffs claims are barred because any and all obligations Defendant may have had under the alleged license agreement at issue in this case were excused by the material breaches of the agreement by Plaintiffs." "SIXTEENTH AFFIRMATIVE DEFENSE (LACK AND/OR FAILURE OF CONSIDERATION) On information and belief, Defendant alleges that Plaintiffs claims are barred because Defendants performance of any obligations with respect to the alleged license at issue in this action have been excused by lack and/or material failure of consideration on the part of Plaintiffs with respect to that license." Oh poor SFLC... regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' -- 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
