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Re: Problem with GPLv3 FAQ about linking with Visual C++


From: Alexander Terekhov
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Tue, 02 Feb 2010 14:27:37 +0100

David Kastrup wrote:
> 
> Florian Weimer <address@hidden> writes:
> 
> > * Alfred M. Szmidt:
> >
> >> You might want to try the SFLC (Software Freedom Law Center) for
> >> advise on this; sadly I don't have an email address at hand to give.
> >> Or better yet, talk to your lawyer.
> >
> > SFLC is representing the other side, so to speak.  You should really
> > talk to your own lawyer.
> 
> _Only_ the other side will be able to tell you under what circumstances
> both of you will likely be talking to lawyers and the court and when
> not.

Dak, dak, dak.

http://legal-dictionary.thefreedictionary.com/ambiguity

"Sometimes, courts decide the meaning of ambiguous language on the basis
of who was responsible or at fault for the ambiguity. When only one
party knew or should have known of the ambiguity, the unsuspecting
party's subjective knowledge of the meaning will control. If both
parties knew or should have known of the uncertainty, the court will
look to the subjective understanding of both. The ambiguity no longer
exists if the parties agree upon its meaning. If the parties disagree
and the ambiguous provisions are material, no contract is formed because
of lack of mutual assent.

Courts frequently interpret an ambiguous contract term against the
interests of the party who prepared the contract and created the
ambiguity. This is common in cases of adhesion contracts and insurance
contracts. A drafter of a document should not benefit at the expense of
an innocent party because the drafter was careless in drafting the
agreement.

In Constitutional Law, statutes that contain ambiguous language are void
for vagueness. The language of such laws is considered so obscure and
uncertain that a reasonable person cannot determine from a reading what
the law purports to command or prohibit. This statutory ambiguity
deprives a person of the notice requirement of Due Process of Law, and,
therefore, renders the statute unconstitutional."

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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