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Re: Recommendation for a CL data structures library


From: Hyman Rosen
Subject: Re: Recommendation for a CL data structures library
Date: Tue, 04 May 2010 16:12:19 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.0; en-US; rv:1.9.1.9) Gecko/20100317 Thunderbird/3.0.4

On 4/3/2010 8:00 AM, Alexander Terekhov wrote:
http://www.terekhov.de/Wallace_v_FSF_37.pdf
"as is evident on the face of the agreement itself ... the GPL, which is
the target of Plaintiff's Amended Complaint, is a software licensing
agreement ... "[T]o the extent that the terms of an attached contract
conflict with the allegations of the complaint, the contract controls."
Centers v. Centennial Mortg., Inc., 398 F.3d 930, 933 (7th Cir. 2005)"

Rather, <http://www.terekhov.de/Wallace_v_FSF_37.pdf>:
    Plaintiff's mischaracterization of the GPL in his Response has
    no bearing on the resolution of the pending Motion to Dismiss
    because the Court can examine the GPL itself. "[T]o the extent
    that the terms of an attached contract conflict with the
    allegations of the complaint, the contract controls." Centers v.
    Centennial Mortg., Inc., 398 F.3d 930, 933 (7th Cir. 2005).

The quote about contracts merely reinforces the fact that the court
can read the GPL for itself, and not rely on cranks who misinterpret
it. It does not imply that the GPL is a contract.


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