Re: Zonker on Open Source licenses ..

[Hyman Rosen]

Alexander Terekhov wrote:
> Assume defendant's line of reasoning that the contract is in force but
> its certain provision(s) are void/unenforcable or in alternative that
> the contract gives rise to the doctrine of copyright misuse making
> plaintiffs copyrights void/unenforcable "until the misuse has been
> purged and its effects no longer exist" (voiding the entire contract due
> to lack of consideration and/or illegality but providing impunity to
> infringe plaintiff's copyrights).

But of course no defendant has ever maintained that line of reasoning.
The only ones who do that are the usenet cranks. Were a defendant to
actually do that and follow through with the case, we would have something
interesting to see, but they never do. They just settle and comply.