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From: | rjack |
Subject: | Re: Monsoon settles: complies with GPL, pays undisclosed sum |
Date: | Tue, 30 Oct 2007 19:47:44 -0400 |
User-agent: | Thunderbird 2.0.0.6 (Windows/20070728) |
Geza Giedke wrote:
The case of GPL-violation by Monsoon Multimedia that was discussed here recently has been settled out of court.
So what's new? On 21 Sept I stated: "The SFLC is using threats of copyright infringement prosecution under the GPL as a tactical matter to force Monsoon Multimedia to comply with a contractual covenant.The SFLC will never allow a federal court to examine the GPL on its merits. If the suit goes forward (which I seriously doubt) the District Court will dismiss due to failure to state a federal claim. Contract claims are heard under the common law of state jurisdictions."The GPL is D.O.A. under a F.R.Civ.P. Rule 12 Motion to Dismiss in a US federal court. After the plaintiff's filed a voluntary Motion to Dismiss it was inevitable that GPL supporters would trumpet "the GPL won in court". Magnanimous claims without the GPL so much as being read by a judge -- same old, tired FSF FUD story -- just a different day.
:)
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