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From: | RJack |
Subject: | Re: Versa trashes the GPL as well |
Date: | Tue, 04 May 2010 16:07:28 -0000 |
User-agent: | Thunderbird 2.0.0.23 (Windows/20090812) |
David Kastrup wrote:
Alexander Terekhov <terekhov@web.de> writes:David Kastrup wrote:Alexander Terekhov <terekhov@web.de> writes:RJack wrote: [...]b) They'll tell the court that the doctrine of promissory estoppel applies.That's Versa's tenth defense. "TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of estoppel."Yeah, that one is hilarious as well. "Dear court, how could we assume that we had license conditions to heed when making use of a license? They promised we could use their software under GPL, that certainly must be enough to stop them from asking us to heed it.""Asking us to heed it" is a contract claim, not copyright infringement claim you silly. By filing copyright infringement claim the licensor materially breaches his obligation/consideration (i.e. obligation not to sue for infringment) in a license agreement.A licensor has an obligation not to sue for infringement when the license terms are breached?
Breached? BREACHED? As in "breach of contract" as contrasted with "copyright infringement"? Sincerely, RJack :)
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