Re: Recommendation for a CL data structures library

[David Kastrup]

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote:
>> 
>> Alexander Terekhov <terekhov@web.de> writes:
>> 
>> > David Kastrup wrote:
>> > [...]
>> >> The whole point of the GPL as a license rather than a contract is
>> >
>> > Dak, please stop ignoring the facts:
>> >
>> > It's established by several courts in Germany that the GPL is an AGB
>> > contract.
>> >
>> > http://www.jbb.de/fileadmin/download/judgment_dc_frankfurt_gpl.pdf
>> >
>> > "The GPL grants anyone who enters into such contract with the licensor
>> > the right to copy, ..."
>> 
>> Germany might call things different, but you still have the situation
>> that a contractual arrangement to which one party has not given its
>> implicit or explicit consent differs in the details of execution and
>> enforcement.
>> 
>> For one thing, the license can't stipulate contractual penalties for
>> non-conformance.
>
> http://www.groklaw.net/articlebasic.php?story=20061123091221786
>
> "SCO's GPL violations entitle IBM to at least nominal damages on the 
> Sixth Counterclaim for breach of the GPL. See Bair v. Axiom Design LLC 
> 20 P.3d 388, 392 (Utah 2001) (explaining that it is "well settled" that 
> nominal damages are recoverable upon breach of contract);

Get somebody to explain the difference of "contractual penalties" and
"nominal damages" to you.

The former can be an arbitrary amount agreed upon in advance by the
contract parties.

-- 
David Kastrup