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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 16:15:38 -0000

Hyman Rosen wrote:
> 
> On 4/14/2010 10:02 AM, Alexander Terekhov wrote:
> > 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.
> 
> A developer promises to copy and distribute a GPL-covered work
> in compliance with the GPL. In exchange, the copyright holder
> promises not to sue for copyright infringement. The copyright
> holder's promise not to sue is subject to the condition precedent
> of compliance with the GPL.

Compliance with (enforceable) obligations stated in the GPL requires
copyright permission (i.e. the copyright holder's promise not to sue
under copyright) as a *precondition* to compliance/licensee's
performance you retard.

Versa:

"On information and belief, Defendant alleges that PlaintiffsÂ’ claims
are barred because DefendantÂ’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."

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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