Rex Ballard wrote:
And before ANY of that goes to a jury, both sides have to show their cards to the Judge and to each other.
Before ANY of this even goes to the discovery stage, the defendants will file FRCP Rule 12 Motions to Dismiss challenging the legal enforceability of the GPL contract. Only *after* determining the enforceability of the GPL will the court be in a position to determine what is relevant in its discovery orders. The enforceability of the GPL is a matter of law and is determined by the trier of law (the judge not the jury) hence the repeated language "the license speaks for itself". One thing to watch in the defendant Answers is the language of their defenses. Hence defendant Versa's Answer: ====================================================================== FIFTEENTH AFFIRMATIVE DEFENSE (ILLEGAL, UNCONSCIONABLE AND CONTRARY TO PUBLIC POLICY) On information and belief, Defendant alleges that Plaintiffs’ claims are barred, limited and/or excluded on the grounds that the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. ======================================================================= This is not standard boilerplate language. You may accept as gospel that at some point before general discovery begins, a Motion to Dismiss based on 17 USC 301 and federal preemption as well as a claim of misuse of copyright will be filed that challenges the GPL. Sincerely, RJack :) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss