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Re: Zonker on Open Source licenses ..


From: Alexander Terekhov
Subject: Re: Zonker on Open Source licenses ..
Date: Wed, 04 Mar 2009 20:07:30 +0100

Hyman Rosen wrote:
> 
> 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.

That's because as soon as defendants threaten to maintain that line of
reasoning in the upcoming filing to the court (dismissal on the grounds
of utterly defective pleading aside for a moment), SFLC immediately
files a notice of voluntary dismissal and runs out of court to avoid
judicial scrutiny of the GPL (and the complaint itself).

regards,
alexander.

-- 
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)


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