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Re: Shoplifting, concealment, liability presumption

From: Alexander Terekhov
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:08:03 -0000

Hyman Rosen wrote:
> On 3/9/2010 4:31 PM, Alexander Terekhov wrote:
> > The Supreme Court of California. 159 Cal. 716, 115 P. 743 (1911). "The
> > term 'provided' may or may not indicate a condition . . . it is often a
> > nice question to determine whether it is a condition or a covenant and
> > courts always construe similar clauses in a deed as covenants rather
> > than as conditions, if they can reasonably do so . . ."
> <>
>      The Artistic License states on its face that the document
>      creates conditions: "The intent of this document is to state
>      the _conditions_ under which a Package may be copied."
>      (Emphasis added.) The Artistic License also uses the traditional
>      language of conditions by noting that the rights to copy, modify,
>      and distribute are granted "provided that" the conditions are met.
>      Under California contract law, "provided that" typically denotes
>      a condition.
> Sounds like CAFC found the question easy to answer.

Q: If you call a tail a leg, how many legs has a dog? Five? 

Judge HOCHBERG: Of course five.

Abraham Lincoln: No, calling a tail a leg doesn't make it a leg! 


P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <> The Silliest GPL 'Advocate'

(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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