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Re: Dismissal with prejudice is normal

From: Alexander Terekhov
Subject: Re: Dismissal with prejudice is normal
Date: Fri, 20 Jun 2008 12:03:29 +0200

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 gang that
established that the GPL is a contract. For example

"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:
("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

"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.



(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.)

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