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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: RJack
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:15:18 -0000
User-agent: Thunderbird 2.0.0.24 (Windows/20100228)

Hyman Rosen wrote:
On 4/13/2010 1:34 PM, Alexander Terekhov wrote:
http://www.gnu.org/licenses/gpl.html "by [blah-blah], you indicate
your acceptance of this License" http://en.wikipedia.org/wiki/Offer_and_acceptance#Communication_of_acceptance


"It may be implied from the construction of the contract that the offeror has dispensed with the requirement of communication of acceptance ... acceptance may be inferred from conduct"

If someone copies and distributes GPL-covered code, it may be assumed
that he accepts the GPL since he has no other permission to do so. If
he wishes to claim that he did not accept the GPL, that's fine. He
has then infringed on the copyrights of the covered work.

17 U.S.C. ยง 109(a)

The defendants are not distributing first-sale copies. They are
copying and distributing GPL-covered works without complying with the
GPL, and are therefore infringing on the copyright of the covered
works.


Since you and Hyman are incapable of understanding the meaning and
operation of a "condition precedent" as used in copyright contracts,
you will forever remain confused concerning licensing fundamentals.

Sincerely,
RJack :)


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