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Re: Time to put up or shut up!


From: Alexander Terekhov
Subject: Re: Time to put up or shut up!
Date: Tue, 04 May 2010 16:15:36 -0000

Hyman Rosen wrote:
> 
> On 4/14/2010 8:05 AM, RJack wrote:
> > Supporters of the GPL license as well as the SFLC claim that section
> > 2(b) is a "condition" to the license:
> > "b) You must cause any work that you distribute or publish, that in
> > whole or in part contains or is derived from the Program or any
> > part thereof, to be licensed as a whole at no charge to all third
> > parties under the terms of this License."
> >
> > Now, the definition of a "condition" is:
> > "ARTICLE 224
> > Condition Defined:
> > A condition is an event, not certain to occur, which must occur,
> > unless its non-occurrence is excused, before performance under a
> > contract becomes due."; ALR, Restatement (Second) of Contracts.
> >
> > The whole World awaits with 'bated breath for GPL supporters to
> > either put up or shut up by identifying the two critical elements:
> > 1) the event; and 2) the performance.
> 
> Section 2 of GPLv2 begins 
> <http://www.gnu.org/licenses/old-licenses/gpl-2.0.html>
>      2. You may modify your copy or copies of the Program or any
>      portion of it, thus forming a work based on the Program, and
>      copy and distribute such modifications or work under the terms
>      of Section 1 above, provided that you also meet all of these
>      conditions:
> 
> A straightforward application of the Article 224 definition
> would then consider the uncertain event to be modifying,
> copying and/or distributing the covered work, and the
> performance would be the "cause to be licensed" and the
> other requirements of the GPL.

LOL. The "performance" above means that a promise becomes binding on the
side of the LICENSOR/OFFEROR, not licensee/offeree you idiot.

Licensee's act of copying is an act manifesting contract acceptance and
it has nothing to do with conditions precedent.

http://law.scu.edu/FacWebPage/Neustadter/e-books/abridged/main/commentary/Promises%20and%20condtions.html

"A portrait artist promises to paint a portrait of Bill Gates to be hung
in the lobby of the Microsoft office tower in which Bill works.  In
exchange, Bill promises to pay $5,000 for the portrait if satisfied with
the rendering.  Bill's promise to pay is subject to a condition
precedent of satisfaction.  We explore conditions of satisfaction in
Kennedy Associates, Inc. v. Fischer, in which a prospective financier
balked on lending money to a prospective borrower after inspecting the
real property that was to serve as collateral for repayment of the loan.
"

Got it now, silly Hyman?

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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