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Re: [!NEWS] The GNUtards Must Be Crazy

From: Hyman Rosen
Subject: Re: [!NEWS] The GNUtards Must Be Crazy
Date: Fri, 13 Mar 2009 12:52:30 -0400
User-agent: Thunderbird (Windows/20081209)

Alexander Terekhov wrote:
It shows that the court utterly ignored GPL's "automatic termination"

It shows that the judge, as many others do, regards the automatic
termination as being automatically reinstated once compliance with
the license resumes.
    "Moreover, I am not persuaded based on this record that the
    release of the Gemini source code in July 2001 didn’t cure
    the breach."

and Moglen's "not a contract" lunacy

Where in the ruling do you think you see this? MySQL and NuSphere
actually had a contract, and that part led to the trademark dispute.
Otherwise, the judge treats the license as a license that means what
it says - she denies MySQL's request for an injunction because she
observes that NuSphere is now properly honoring the GPL - it has
released the source code to Gemini under the GPL and has done away
with an end user license.

> the court handed a defeat to MySQL on other grounds

The court didn't grant a preliminary injunction. That simply means
that she didn't regard MySQL as the obvious victor. But the main
reason for that was that NuSphere was now properly honoring the GPL,
so that does nothing for your claims except demonstrate them to be

The court also encouraged the sides to settle, and they did.

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