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Re: The GPL dream is finally over!


From: Linonut
Subject: Re: The GPL dream is finally over!
Date: Sat, 16 Aug 2008 12:34:44 -0400
User-agent: slrn/0.9.8.1 (Linux)

* Alexander Terekhov peremptorily fired off this memo:

> Linonut's message quoted below proves that you just can't reason with
> the GNU GPL true believers. Amusingly crazy clownish guys.
>> 
>> > http://www.groklaw.net/pdf/MySQLcounterclaim.pdf
>> >
>> > MySQL's counter-complaint asserting breach of GPL license contract
>> > ("COUNT VIII Breach of Contract (GPL License)") and asking for
>> > declaratory (court to declare GPL terminated) and injunctive (court to
>> > preliminary and permanently enjoin Progress/NuSphere from "copying,
>> > modifying, sublicensing, or distributing the MySQL(TM) Program")
>> > relief (plus damages, of course).
>> >
>> > Note that Judge Saris correctly denied MySQL's motion for preliminary
>> > injunction applying contract (not copyright) standard regarding
>> > irreparable harm.
>> >
>> > http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf
>> >
>> > What say you now, Linonut?
>> 
>> That the above supports viewing the GPL as a license, not a contract.

I amend what I say, having skimmed the counter claim instead of your
snippage of it.  It's even worse for you.  It's a trademark dispute.

What did the court say?  (The second PDF)

   1. Progress Software and NuSphere cannot use the MySQL mark.

   2. They /can/ continue to distribute the GPL software.

See, this is why guys like you can't be trusted.  You post only what
supports your crazy agenda.  You mix-and-match legal situations,
ignoring the dichotomy of the court order:

   For the reasons set forth above, MySQL's Motion for
   Preliminary Injunction (Docket No. 24) is GRANTED in part and
   DENIED in part.

I'm not a GPL true believer.  I simply see that, whatever legal chaff
you try to throw up as a reason why the GPL cannot be effective, it
/has/ been effective, and very much so, for the last decade.

But only effective for what it was intended -- the free disseminiation,
modification, and advancement of software.

Why you are so against it, to the point of essentially lying about court
cases, is beyond me.

-- 
Life is a game.  In order to have a game, something has to be more
important than something else.  If what already is, is more important
than what isn't, the game is over.  So, life is a game in which what
isn't, is more important than what is.  Let the good times roll.
                -- Werner Erhard


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