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Re: More FSF hypocrisy


From: Hyman Rosen
Subject: Re: More FSF hypocrisy
Date: Wed, 25 Mar 2009 10:31:29 -0400
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Alexander Terekhov wrote:
FOSS licenses have neither scope-of-use limitations nor any conditions
precedent to the grant of rights. Hence FOSS licensors "can sue only for
breach of contract".

False, of course.
    <http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
    The Artistic License states on its face that the document creates
    conditions: "The intent of this document is to state the conditions
    under which a Package may be copied." (Emphasis added.) The Artistic
    License also uses the traditional language of conditions by noting
    that the rights to copy, modify, and distribute are granted "provided
    that" the conditions are met. Under California contract law, "provided
    that" typically denotes a condition.


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