Re: Geek Feminism Wiki Re RMS

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > "cannot properly be based on a theory of copyright infringement. "
> > http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=fedclaim&vol=1999/97476c
> > In the
> > case at bar, the court finds that there was no rescission of the
> > contract by plaintiff.
> 
> IBM did request such rescission, in the counterclaims they filed,
> based on the statements in the GPL.

Stop being utter idiot Hyman. Blatant abuse of the court system to send
license/contract termination letters in court complaints could only be
possible in the GNU Republic. 

Note also that the passage you've quoted

http://groklaw.net/article.php?story=20061118230336912

"Based on the misconduct described herein, SCO's rights to distribute
the copyrighted works of others included in Linux under the GPL have
been terminated pursuant to §4 of the GPL."

comes from the SIXTH COUNTERCLAIM which is a pure contract breach claim
in which IBM was asking for contract law damages (not termination)
resulting from the alleged breach and specific performance injunction
which has absolutely nothing to do with tort claims under copyright
infringement theory.

"SCO accepted the terms of the GPL . . . As a result of SCO's breaches
of the GPL, countless developers and users of Linux, including IBM, have
suffered and will continue to suffer damages and other irreparable
injury. IBM is entitled to an award of damages in an amount to be
determined at trial and to an injunction prohibiting SCO from its
continuing and threatened breaches of the GPL."

regards,
alexander.

--
http://gng.z505.com/index.htm 
(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.)