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Re: SFLC chooses wrong court


From: Alexander Terekhov
Subject: Re: SFLC chooses wrong court
Date: Fri, 28 Sep 2007 11:37:23 +0200

Tim Smith wrote:
> 
> In article <address@hidden>,
>  rjack <address@hidden> wrote:
> > Failing to distribute source code is a contract breach and not a
> > violation of a work's permitted use under copyright law. There is
> > obviously no provision under U.S. copyright law to *force* a party who
> > has permission to copy and make derivative works to distribute those
> > copyrighted works. Those actions are solely a contractual matter.
> 
> Irrelevant, since plaintiff's claim is that Monsoon is not a party who
> has permission to copy and make derivative works.

http://www.softwarefreedom.org/news/2007/sep/20/busybox/complaint.pdf

The complaint argues that Monsoon *lost* the rights to BusyBox code 
the moment it shipped object code without offering the source code 
also.

The complaint refers to attached "GNU General Public License, Version 
2" ("the License") [it refers to it more than a dozen of times!!!] 
seeking rescission of this contract (note that in the mean time 
Monsoon already cured alleged breach***) to begin with. Let's suppose 
that rescission will fly... is there anything in the GPL precluding 
Monsoon to become a party to GPL contract once again after rescission?

So how can you claim that Monsoon is not a party who has permission 
to copy and make derivative works?

Care to elaborate?

***) http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf

"With respect to the General Public License... I am not persuaded 
based on this record that the release of the Gemini source code in 
July 2001 didn’t cure the breach."

regards,
alexander.

--
"The revolution might take significantly longer than anticipated."

                                     -- The GNU Monk Harald Welte


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