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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: David Kastrup
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:15:25 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
> [...]
>> A promise to licensees availing themselves of the license.  Without any
>
> Uh retard dak.
>
> http://www.gnu.org/licenses/gpl.html
>
> "by [blah-blah], you indicate your acceptance of this License"
>
> http://en.wikipedia.org/wiki/Offer_and_acceptance#Communication_of_acceptance
>
> "It may be implied from the construction of the contract that the
> offeror has dispensed with the requirement of communication of
> acceptance ... acceptance may be inferred from conduct"

Yeah, you got it.  If the conduct does not show an attempt to honor any
of the licensing conditions, non-acceptance has to be assumed.

If, in contrast, we have an incomplete attempt of compliance (often
characterizable as "dragging their feet"), we are talking about
non-compliance instead.

Which of the two is in question might just be resolved in discovery.  In
the common case of a settlement and coming into compliance and absent of
additional interests/penalties, the resolution may never be done.

In a typical case, both complaint and defense will list arguments for
both of these possibilities.

-- 
David Kastrup


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