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Re: Fw: [FSF] FSF Settles Suit Against Cisco

From: Rjack
Subject: Re: Fw: [FSF] FSF Settles Suit Against Cisco
Date: Thu, 21 May 2009 12:37:01 -0400
User-agent: Thunderbird (Windows/20090302)

Rjack wrote:
When there is no docketed settlement agreement and the plaintiff dismisses his case WITH PREDJUDICE, then you think the plaintiff is
 entitled to his unchallenged version of success?

"Capitulation or settlement is the practical equivalent of success.
Surrender by the plaintiff should be treated similarly." Szabo Food Service, Inc. v. Canteen Corp., 823 F.2d 1073, 1081 (7th Cir. 1987).


From PJ: "The GPL stands, much as that frustrates some. Cisco, by
the way, negotiated, I've heard, in good faith, and the eventual
settlement reflects that effort on their part to comply with the GPL
going forward and to ameliorate earlier difficulties, for which it
should be commended."

The lady heard it in good faith! Much as she heard in good faith from
Eben Moglen in 2003 (and then announced to the World):

"The GPL is a License, Not a Contract, Which is Why the Sky Isn't Falling"

Rjack :)

-- "Whether express or implied, a license is a contract 'governed
by ordinary principles of state contract law.'"; McCoy v.
Mitsuboshi Cutlery, Inc., 67. F.3d 917, (United States Court of
Appeals for the Federal Circuit 1995) --

-- "Normal rules of contract construction are generally applied in
construing copyright agreements. Nimmer on Copyright sec. 10.08. Under
Wisconsin law, contracts are to be construed as they are written."
Amcast Indus. Corp. v. Affiliated FM Ins. Co., 584 N.W.2d 218, 226
(Wis. App. 1998). 187 F.3d 690 (7th Cir. 1999) --

-- "Although the United States Copyright Act, 17 U.S.C.  101-
1332, grants exclusive jurisdiction for infringement claims to the
federal courts, those courts construe copyrights as contracts and
turn to the relevant state law to interpret them."; Automation by
Design, Inc. v. Raybestos Products Co., 463 F.3d 749, (United
States Court of Appeals for the Seventh Circuit 2006) --

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