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Re: Attorney fees

From: David Kastrup
Subject: Re: Attorney fees
Date: Sat, 12 Jul 2008 00:00:05 +0200
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux)

Hyman Rosen <> writes:

> David Kastrup wrote:
>> So what sort of "go all the way" is supposed to get to a ruling about
>> the GPL?
> Terekhov's or rjack's. Someone convinced as they are that the law
> can be construed to sever the distribution rights granted by the
> GPL from the requirements of it.

I don't see that this says anything specifically about the GPL.  It is
just about the topic "Can I cherry-pick what I want from a unilateral
license grant?"  Which obviously does not concern the GPL or require a
court.  Then we have "Can I disregard invalid or illegal or badly stated
conditions from a unilateral license grant?".  Again, this is not really
about the GPL itself.  It could only become relevant when the answer to
"Are there invalid or illegal or badly stated conditions in the GPL"
becomes "Yes".  But I don't see anybody claiming that, either.

> That tack failed in Germany, and we can hope that someone takes it all
> the way so that it fails in the U.S. as well.

As far as I remember, Daniel Wallace actually tried some "all the way"
approach in the U.S., and it was thrown out in the end because his
theories did not even amount to a recognizable complaint.

So we already had somebody attempt to "take it all the way", but the
result is not really telling much.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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