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Re: Shoplifting, concealment, liability presumption

From: RJack
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:08:39 -0000
User-agent: Thunderbird (Windows/20090812)

Alexander Terekhov wrote:
RJack wrote:
Hyman Rosen wrote:
On 3/10/2010 2:17 PM, Alexander Terekhov wrote:
here's typical outline notes regarding contractual (K)
The GPL and other such licenses are licenses, not contracts.
-- By authority of Pamela Jones and David Kastrup --

The 'authority' actually comes from arch legal GNU beagle Eben a self
proclaimed "one of the world's leading experts on copyright law as applied to software". LOL.

"A licence or a contract?

There are always those contrarian folks who will steadfastly maintain
their positions and opinions, even in the face of overwhelming evidence
that is authoritative and verifiable. Those folks are better left
unanswered since no amount of rational discourse will succeed.

I find it interesting that in 2008 Judge Scheindlin found that an
assertion of "condition" in a contract is interpreted to mean a
"condition precedent":

n52 "Plaintiffs bring claims for "Contract Failure of Condition" against
each defendant. The Court is not familiar with this term. I assume
"Contract Failure of Condition" is a claim for breach of a condition
precedent." Abu Dhabi Commercial Bank, et al. v. Morgan Stanley & Co.,
et al., 1:2008cv07508, SDNY, (2008). Judge Shira A. Scheindlin.

This bodes ill for the SFLC when Judge Scheindlin interprets the the
plaintiff's claims concerning the GPL.

RJack :)

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