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Re: The GPL means what you want it to mean


From: Rjack
Subject: Re: The GPL means what you want it to mean
Date: Fri, 10 Apr 2009 06:09:32 -0400
User-agent: Thunderbird 2.0.0.21 (Windows/20090302)

Rahul Dhesi wrote:
Rjack <address@hidden> writes:

(I'm assuming that Rjack's recent sources of authority, namely,
 answers.com and merriam-webster.com, will not suffice here.)

I had hoped after trying to teach you that the meaning of the term "illegal" changed with a change contexts, that a little something would have soaked in. It obviously didn't.

Well, consider this. We have a couple of hundred years (maybe more?) of case law discussing when a contract should be unenforceable due to illegality.

But ignoring all that case law, you went instead to answers.com and
 merriam-webster.com to prove your point.

***Rahul compared a breach of contract issue to a criminal offense:

"So now, according to Rjack, suddenly, the GPL contains illegal terms!
In other words, if you try to enforce a provision in the GPL, it's
like you are trying to kill somebody, and the courts won't let you"

***Amicus_curious replied:

"I think you are placing too much emphasis on the term "illegal". In
the GPL sense, since it is a civil issue, the term is equivalent to
"unenforcable" or "invalid" or any other word that boils down to
being unable to recover damages."

***Rahul replied:

"Rjack, he's posting this nonsense to defend you. This would be a
good oportunity for you to find some citations proving him wrong
-- but will you do so?"

***Rjack replied:

"The terms "illegal", "unenforceable" and "invalid" are
synonyms used in civil law. Amicus curious is simply emphasising the
fact that you made reference to a criminal offense ("kill somebody")
when the context is contractual or tortuous in kind."

I was sardonically pointing out that you quote the authorities you want to quote, not the authorities most relevant to the issue.

What were those "authorities" that were most relevant to the issue?

Now for obvious reasons I don't expect our friend amicus_curious to
 cite any case law.  But from you, Rjack, I had expected better.

Rahul there is a tried and true maxim that applies here:

***WHEN YOU'RE IN HOLE STOP DIGGING***

Sincerely,
Rjack :)



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