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Re: The GPL dream is finally over!


From: Rjack
Subject: Re: The GPL dream is finally over!
Date: Sat, 16 Aug 2008 09:53:20 -0400
User-agent: Thunderbird 2.0.0.16 (Windows/20080708)

Linonut wrote:
* Rjack peremptorily fired off this memo:

My dream is that Eben, RMS, and all GPL true believers read and
understand this decision so that we need never again hear the
nonsense claim that "The GPL is a license and not a contract".

http://bulk.resource.org/courts.gov/c/F3/88/88.F3d.1012.95-5125.95-5121.html

Please! Someone email this decision to Eben Moglen and PJ and all
the GNUtians out there on our planet.



I'll believe it has the effect you want when it hits the headlines due
to an actual court case involving the GPL.

The effect *I* want is irrelevant. It is the direct unequivocal language of the court that counts:

"When a condition precedent is not satisfied, it relieves a party to the contract of the obligation to perform. It does not negate the existence of the contract or the binding contractual relationship of the parties."

Read it again:

"It does not negate the existence of the contract. . .".

Anyone who finds that language ambiguous should probably return to
kindergarten for a refresher course in reading skills. It's either that or perhaps their cognitive skills are hopelessly impaired like a large number of Eben Moglen's true believers.


Sincerely,
Rjack :)




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