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Re: Effect of transfer of copyright on free software licenses?

From: Alexander Terekhov
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Fri, 24 Jul 2009 01:32:42 +0200

Rjack wrote:
> > they are offering you a unilateral contract. They say they are
> > offering you a money-back guarantee.
> >
> > Software universally comes with license agreements, so the GPL is a
> >  license.
> Your babbling Hyman. Come on Hyman -- rejoin reality.

Perhaps Hyman could explain the following babbling:

"Microsoft cannot by any act of anticipatory repudiation divest itself
of its obligation to respect others' copyrights.  If Microsoft
distributes our works licensed under GPLv3, or pays others to distribute
them on its behalf, it is bound to do so under the terms of that
license.  It may not do so under any other terms; it cannot declare
itself exempt from the requirements of GPLv3."

In light of

"Anticipatory repudiation, also called an anticipatory breach, is a term
in the law of contracts that describes a declaration by the promising
party to a contract, that he or she does not intend to live up to his or
her obligations under the contract."

"The unjustifiable denial by a party to a contract of any intention to
perform contractual duties, which occurs prior to the time performance
is due.

This form of breach, also known as anticipatory breach of contract,
occurs when one party positively states that he or she will not
substantially perform a contract." 



(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.)

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