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Versa trashes the GPL as well


From: Alexander Terekhov
Subject: Versa trashes the GPL as well
Date: Tue, 04 May 2010 16:07:18 -0000

"the alleged license at issue in this case and/or certain provisions
contained therein are illegal, unconscionable and barred by public
policy as well as by
statutory and case law."

Exactly.

"FOURTH AFFIRMATIVE DEFENSE
(INDISPENSABLE PARTIES)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred because
there are indispensable parties that have not been joined in this
lawsuit, including the other
authors and/or owners of the alleged copyright at issue.
FIFTH AFFIRMATIVE DEFENSE
(UNCLEAN HANDS)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred by the
doctrine of unclean hands.
SIXTH AFFIRMATIVE DEFENSE
(NO STATUTORY DAMAGES)
On information and belief, Defendant alleges that Plaintiffs’ claims for
statutory damages
are barred because they did not obtain a valid copyright registration
prior to the beginning of the
alleged infringement and has otherwise not complied with the statutory
prerequisites for such an
award.
SEVENTH AFFIRMATIVE DEFENSE
(STATUTE OF LIMITATIONS)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred by the
applicable statute of limitations.
EIGHTH AFFIRMATIVE DEFENSE
(LACHES)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred by the
doctrine of laches.
807159v2 012659.0101 10
NINTH AFFIRMATIVE DEFENSE
(WAIVER)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred by the
doctrine of waiver.
TENTH AFFIRMATIVE DEFENSE
(ESTOPPEL)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred by the
doctrine of estoppel.
ELEVENTH AFFIRMATIVE DEFENSE
(ACQUIESCENCE)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred by the
doctrine of acquiescence.
TWELFTH AFFIRMATIVE DEFENSE
(CONSENT)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred by the
doctrine of consent.
THIRTEENTH AFFIRMATIVE DEFENSE
(COSTS AND ATTORNEYS’ FEES)
On information and belief, Defendant alleges that Plaintiffs’ prayer for
costs and
attorneys’ fees is barred because Plaintiffs do not meet the statutory
prerequisites of the
Copyright Act for such an award and cannot prove the requisite state of
mind or culpability on
the part of Defendant.
807159v2 012659.0101 11
FOURTEENTH AFFIRMATIVE DEFENSE
(MATERIAL BREACH)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred because
any and all obligations Defendant may have had under the alleged license
agreement at issue in
this case were excused by the material breaches of the agreement by
Plaintiffs.
FIFTEENTH AFFIRMATIVE DEFENSE
(ILLEGAL, UNCONSCIONABLE AND CONTRARY TO PUBLIC POLICY)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred, limited
and/or excluded on the grounds that the alleged license at issue in this
case and/or certain
provisions contained therein are illegal, unconscionable and barred by
public policy as well as by
statutory and case law.
SIXTEENTH AFFIRMATIVE DEFENSE
(LACK AND/OR FAILURE OF CONSIDERATION)
On information and belief, Defendant alleges that Plaintiffs’ claims are
barred because
Defendant’s performance of any obligations with respect to the alleged
license at issue in this
action have been excused by lack and/or material failure of
consideration on the part of Plaintiffs
with respect to that license.
SEVENTEENTH AFFIRMATIVE DEFENSE
(RESERVATION OF RIGHT TO ASSERT ADDITIONAL AFFIRMATIVE DEFENSES)
Defendant has insufficient knowledge or information upon which to form a
belief as to
whether Defendant may have additional and yet unstated affirmative
defenses available.
Defendant reserves its right to amend this answer and assert additional
affirmative defenses as
warranted by discovery and further investigation to which other
affirmative defenses may apply."

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

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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