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Re: Versa trashes the GPL as well

From: RJack
Subject: Re: Versa trashes the GPL as well
Date: Tue, 04 May 2010 16:07:35 -0000
User-agent: Thunderbird (Windows/20090812)

Hyman Rosen wrote:
On 3/9/2010 7:09 AM, RJack wrote:
a) The court will immediately find the GPL unenforceable because of
the preemption doctrine established by 17 USC sec. 301(a).

Preemption has nothing to do with the GPL, since this is a case of
normal copyright infringement brought under the federal copyright

Uhhh. What's "abnormal" copyright infringement?

b) They'll tell the court that the doctrine of promissory estoppel

They may tell the court anything they like, but promissory estoppel
does not apply to GPL-covered code since the license clearly spells
out the conditions under which the code may be copied and

Uhhh. Do you mean the preempted "covenants" that you incorrectly
refer to as "conditons"? Preempted is preempted. What do conditions
have to do with anything?

RJack :)

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