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Re: Recommendation for a CL data structures library


From: Alexander Terekhov
Subject: Re: Recommendation for a CL data structures library
Date: Tue, 04 May 2010 16:11:24 -0000

David Kastrup wrote:
> 
> Alexander Terekhov <address@hidden> writes:
> 
> > David Kastrup wrote:
> >>
> >> Alexander Terekhov <address@hidden> writes:
> >>
> >> > David Kastrup wrote:
> >> > [...]
> >> >> The whole point of the GPL as a license rather than a contract is
> >> >
> >> > Dak, please stop ignoring the facts:
> >> >
> >> > It's established by several courts in Germany that the GPL is an AGB
> >> > contract.
> >> >
> >> > http://www.jbb.de/fileadmin/download/judgment_dc_frankfurt_gpl.pdf
> >> >
> >> > "The GPL grants anyone who enters into such contract with the licensor
> >> > the right to copy, ..."
> >>
> >> Germany might call things different, but you still have the situation
> >> that a contractual arrangement to which one party has not given its
> >> implicit or explicit consent differs in the details of execution and
> >> enforcement.
> >>
> >> For one thing, the license can't stipulate contractual penalties for
> >> non-conformance.
> >
> > http://www.groklaw.net/articlebasic.php?story=20061123091221786
> >
> > "SCO's GPL violations entitle IBM to at least nominal damages on the
> > Sixth Counterclaim for breach of the GPL. See Bair v. Axiom Design LLC
> > 20 P.3d 388, 392 (Utah 2001) (explaining that it is "well settled" that
> > nominal damages are recoverable upon breach of contract);
> 
> Get somebody to explain the difference of "contractual penalties" and
> "nominal damages" to you.

Did you read the rest of my quote, silly dak?

> 
> The former can be an arbitrary amount agreed upon in advance by the
> contract parties.

In absence of such stipulation in contract, a non-breaching party must
simply establish the damages sustained.

"First, as IBM expert Professor J. R. Kearl will testify at trial, 
under the methodology of SCO's own experts (offered in support of 
SCO's affirmative case), IBM has suffered quantifiable damages 
resulting from SCO's wrongful conduct, including its GPL violations. 
(¶ 28; Ex. 591 ¶¶ 1.C, 33-34.) "

regards,
alexander.

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

Hyman Rosen <address@hidden> 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 <address@hidden> The Silliest GPL 'Advocate'

--
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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