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Re: Artifex v. Diebold: "The GPL is non-commercial!"

From: Rjack
Subject: Re: Artifex v. Diebold: "The GPL is non-commercial!"
Date: Mon, 02 Feb 2009 17:28:24 -0500
User-agent: Thunderbird (Windows/20081209)

Hyman Rosen wrote:
Rjack wrote:
This something the SFLC NEVER, NEVER, NEVER wanted to happen.

The other cases were settled when the defendants came into
compliance with the GPL. Generally speaking, no one wants to
go to court if they can settle, because going to court brings
an element of unpredictability.

"Unpredictability" as in having the GPL being declared voidable because it's preempted by 17 USC 301(a) ?

"Unpredictability" as in having the GPL being declared voidable because a contract cannot bind *all third parties* in rem? The
GPL proposition that a contract can reach out and bind "all third
parties under the terms of this License" is a legal flying pig
and the SFLC and FSF know it. As the United States Supreme Court unequivocally stated, ("It goes without saying that a contract cannot bind a nonparty."; EEOC v. Waffle House, Inc., 534 U.S. 279, 294 (2002)).

I have served on jury duty
where the case was settled on the same morning as we were
about to begin hearing testimony. But your opinion that the
SFLC is afraid to pursue the cases in court should settlement
not be forthcoming is based on no evidence, and is wishful
thinking only.

Hymen did you notice that after I corrected the FSF about a license being a contract, they subsequently stopped claiming that "license
are not contracts"?

Hymen did you notice that after I pointed out that the SFLC failed to plead the registration of Monsoon's copyrights that they subsequently corrected themselves and filed the copyright registrations in the Cisco case?

The SFLC and FSF read the newsgroups and other blogs. The SFLC and FSF will NEVER, NEVER voluntarily allow the GPL to be interpreted on its merits in a federal court. I never claimed they were simply
"afraid" of a bad ruling... they absolutely KNOW the GPL is voidable.

The SFLC and FSF's continuing voluntary dismissal strategy is simply an abuse of the legal system in an attempt to intimidate folks.

Rjack :)

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