Re: Recommendation for a CL data structures library

[Alexander Terekhov]

David Kastrup wrote:
[...]
> You did not understand a word of what you were replying to, again.  The
> whole point was that in the case of a _license_, as opposed to a
> contract, any such stipulation of a _penalty_ is _invalid_, and _only_
> sustained damages can actually be claimed.

Uh silly dak. A copyright license IS A CONTRACT in U.S.A., Germany, and
elsewhere except the GNU Republic in alternative universe.

http://euro.ecom.cmu.edu/program/law/08-732/Transactions/TakingTheCase.pdf

"The GPL is not just a method for a licensor to give up rights that he
could otherwise enforce in court; the GPL imposes obligations on the
licensee as well, which the licensee must accept.27 It is likely that a
court, in the U.S. or abroad, would recognize the GPL as a contract. In
fact, the GPL has been cited as a contract, and breach of the GPL as a
contract was alleged, in both of the first two U.S. federal court cases
in which the GPL was implicated.28

27. See, e.g., Free Software Foundation, Inc., GNU General Public
License, Version 2 §§ 1–3, available at
http://www.fsf.org/licenses/gpl.txt (June 1991) (imposing affirmative
obligations on licensees). See also id. at § 5. . . .

28. See Countercl., at ¶¶ 110–118, Progressive Software Corp. v. MySQL
AB, 195 F. Supp. 2d 328 (D. Mass. 2002); First Am. Compl. ¶ 50,
MontaVista Software, Inc. v. Lineo, Inc., No. 2:02 CV-0309J (D. Utah
filed July 23, 2002) (“The aforesaid individual or joint acts of
Defendants constitute a breach of the GPL.”).

http://www.groklaw.net/pdf/MySQLcounterclaim.pdf

"COUNT VIII Breach of Contract (GPL License)"

Go to doctor, silly dak.

regards,
alexander.

P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

Hyman Rosen <hyrosen@mail.com> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <hyrosen@mail.com> The Silliest GPL 'Advocate'

--
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