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Re: The great BusyBox fraud continues

From: Alexander Terekhov
Subject: Re: The great BusyBox fraud continues
Date: Wed, 08 Dec 2010 15:57:29 -0000

Ha ha.

The GPL girl still can't grok that the copyright statute has absolutely
nothing to do with "enforcement" of copyright licensing contracts, but
admits that there are no conditions precedent in the GPL. 

Well, at least some progress...


(from comments)

Let's Think This Through 

Authored by: Anonymous on Wednesday, August 04 2010 @ 02:23 PM EDT 

The only thing this cases teaches is that it is costly to ignore a
discovery orders *regardless* of the subject matter of the case. Judge
Scheindlin is considered a national expert on electronic discovery and

This Judge Scheindlin ruling is what should concern GPL advocates:

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.

I promise you Judge Scheindlin will view the "conditions" of the GPL
license very differently from the FSF and SFLC's interpretation of
"conditions" to a copyright license grant.

Let's Think This Through 

Authored by: PJ on Wednesday, August 04 2010 @ 07:56 PM EDT 

Um. You are quoting from a case [PDF] that had nothing to do with the
GPL. It was a fraud and breach of contract case, among other things,
having nothing to do with software.

You don't enforce the GPL with contract law. 

So your comment makes no sense, not to put too fine a point on it. You
enforce the GPL exclusively with copyright law, and there is no issue of
breach of a condition precedent.

Do you know what that means? Here's what condition precedent means: 

condition precedent n. 1) in a contract, an event which must take place
before a party to a contract must perform or do their part. 2) in a deed
to real property, an event which has to occur before the title (or other
right) to the property will actually be in the name (vest) of the party
receiving title. Examples: if the ship makes it to port, the buyer
agrees to pay for the freight on the ship and unload it; when daughter
Gracella marries she shall then have full title to the property. 

There are no conditions precedent in the GPL. None. And there's no
breach of contract. It's all about copyright law. So what is it you are
saying? There's no connection at all to the GPL or what is being
discussed in the BestBuy case. 

(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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