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Re: US court says software is owned, not licensed

From: Rjack
Subject: Re: US court says software is owned, not licensed
Date: Wed, 14 Oct 2009 09:34:08 -0400
User-agent: Thunderbird (Windows/20090812)

David Kastrup wrote:
Rjack <address@hidden> writes:

Alan Mackenzie wrote:

Oh, here we go again. That's FUD, Rjack. You're well aware that that only applies when the other decides to license his code under the GPL, possibly as a consequence of his (free) decision to incorporate some GPL code into his program.
You and thousands of GNUtians are SORELY confused if you truly believe that an illegal contract (defined as one against "public policy") becomes a legally enforceable contract just because someone freely accepts the contract terms.

Now you just need to show

a) anything illegal in the GPL

17 USC 301(a) preempts GPL's sec. 2(b).

When examining a copyright license one of the first things a federal
judge does is look for preempted terms -- it is mandatory he do so
since preemption could possibly remove his jurisdiction to even hear
the case.

b) that anything illegal in the GPL does not merely invalidate the GPL (after which normal copyright laws and restrictions set in),

A cause of action for promissory estoppal is created. I find it
curious that you actually  believe that because someone relied on
*your* illegal contract of adhesion offer, you have the right to
sue them. That's real Stallman chutzpah! The ultimate scammer's scam
come true.

but replaces the permission granted by the GPL with an unconditional permission to do whatever you want

Who said that? You gotta' mouse in your pocket?

Not just one, but two tiny little obstacles. You don't happen to be the White Queen?

Forget *Through the Looking-Glass*. The fantasy allusions are
obviously too sophisticated for your little mind to grasp. Besides,
you're already residing in the delusional Land of GNU.


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