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Re: Versa trashes the GPL as well

From: Hyman Rosen
Subject: Re: Versa trashes the GPL as well
Date: Tue, 04 May 2010 16:07:33 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

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.

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.

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