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Re: Versa trashes the GPL as well


From: RJack
Subject: Re: Versa trashes the GPL as well
Date: Tue, 04 May 2010 16:07:28 -0000
User-agent: Thunderbird 2.0.0.23 (Windows/20090812)

David Kastrup wrote:
Alexander Terekhov <address@hidden> writes:

David Kastrup wrote:
Alexander Terekhov <address@hidden> writes:

RJack wrote: [...]
b) They'll tell the court that the doctrine of promissory
estoppel applies.
That's Versa's tenth defense.

"TENTH AFFIRMATIVE DEFENSE (ESTOPPEL)

On information and belief, Defendant alleges that Plaintiffs’
claims are barred by the doctrine of estoppel."
Yeah, that one is hilarious as well.  "Dear court, how could we
assume that we had license conditions to heed when making use of
a license? They promised we could use their software under GPL,
that certainly must be enough to stop them from asking us to heed
it."
"Asking us to heed it" is a contract claim, not copyright
infringement claim you silly.

By filing copyright infringement claim the licensor materially
breaches his obligation/consideration (i.e. obligation not to sue
for infringment) in a license agreement.

A licensor has an obligation not to sue for infringement when the license terms are breached?

Breached? BREACHED? As in "breach of contract" as contrasted with
"copyright infringement"?

Sincerely,
RJack :)


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