Re: Shoplifting, concealment, liability presumption

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> On 3/10/2010 2:17 PM, Alexander Terekhov wrote:
> > here's typical outline notes regarding contractual (K) performance
> 
> The GPL and other such licenses are licenses, not contracts.

http://www.fsf.org/news/microsoft_response

"We do not, however, agree with Microsoft's characterization of the
situation involving GPLv3.  Microsoft cannot by any act of anticipatory
repudiation . . ."

(from typical outline notes regarding contractual (K) performance)

"G. Anticipatory Repudiation A party breaches before the contract is
even
to start 


In Anticipatory repudiation - a party can bring an action upon breach,
they need not wait until the K would have taken effect 


Anticipatory breach of a bilateral K:  

      1) Express repudiation - refusal to perform

      2) Implied repudiation - events are out of the parties power to
perform 


A party to a K for sale of goods can demand assurances of performance. 


If a party breaches and the subject matter is destroyed without fault
the damages for breach are limited to the time from breach to
destruction 


Repudiation does not apply to unilateral K’s "

Here's more:

http://en.wikipedia.org/wiki/Anticipatory_repudiation

"Anticipatory repudiation, also called an anticipatory breach, is a term
in the law of contracts that describes a declaration by the promising
party to a contract, that he or she does not intend to live up to his or
her obligations under the contract. "

regards,
alexander.

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

Hyman Rosen <hyrosen@mail.com> 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 <hyrosen@mail.com> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(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.)