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Re: Shoplifting, concealment, liability presumption

From: Alexander Terekhov
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:08:31 -0000

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.

"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
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

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

Repudiation does not apply to unilateral K’s "

Here's more:

"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. "


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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