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Re: SFLC stipulated dismissal of Comtrend without any settlement

From: RJack
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:15:17 -0000
User-agent: Thunderbird (Windows/20100228)

Hyman Rosen wrote:
On 4/13/2010 12:32 PM, Alexander Terekhov wrote:
The contract laws recognize a concept called "efficient breach"
which *encourages* breach of (enforcable) obligations if it's
economically efficient to do so.

However, copyright law provides for injunctions to prevent ongoing
infringement, so it does not matter if it would be more beneficial
for the infringers to continue infringing. They will be prevented
from doing so.

 ยง 502. Remedies for infringement: Injunctions (a) Any court having
jurisdiction of a civil action arising under this title may, subject
to the provisions of section 1498 of title 28, grant temporary and
final injunctions on such terms as it may deem reasonable to prevent
or restrain infringement of a copyright.

Provided infringement occurs. This is not the case with the GPL.

Since you and DAK are incapable of understanding the meaning and
operation of a "condition precedent" as used in copyright contracts,
you will forever remain confused concerning licensing fundamentals.

RJack :)

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