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From: | RJack |
Subject: | Re: Versa trashes the GPL as well |
Date: | Tue, 04 May 2010 16:07:35 -0000 |
User-agent: | Thunderbird 2.0.0.23 (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 law.
Uhhh. What's "abnormal" copyright infringement?
b) They'll tell the court that the doctrine of promissory estoppel applies.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 distributed.
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? Sincerely, RJack :)
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