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Re: The GPL dream is finally over!
From: |
Alexander Terekhov |
Subject: |
Re: The GPL dream is finally over! |
Date: |
Sat, 16 Aug 2008 15:48:05 +0200 |
Linonut wrote:
>
> * Rjack peremptorily fired off this memo:
>
> > My dream is that Eben, RMS, and all GPL true believers read and
> > understand this decision so that we need never again hear the
> > nonsense claim that "The GPL is a license and not a contract".
> >
> > http://bulk.resource.org/courts.gov/c/F3/88/88.F3d.1012.95-5125.95-5121.html
> >
> > Please! Someone email this decision to Eben Moglen and PJ and all
> > the GNUtians out there on our planet.
>
> I'll believe it has the effect you want when it hits the headlines due
> to an actual court case involving the GPL.
>
> The good faith usage of the GPL has been going on for a couple decades
> now, and has resulted in a large body of software being available to
> millions of people. A conflict with business was inevitable, but, in
> the highest-profile case so far, IBM vs SCO, the plaintiff kind of let
> the GPL angle drop.
>
> You're going to have to work much harder to overcome examples like that.
Linonut, Linonut. If you believe that IBM is/was of opinion that "The
GPL is a license and not a contract" how are you going to explain
IBM's SIXTH COUNTERCLAIM (Breach of the GNU General Public License)
against SCO... "SCO accepted the terms of the GPL... IBM is entitled
to a declaration that SCO's rights under the GPL terminated, an
injunction prohibiting SCO from its continuing and threatened breaches
of the GPL and an award of damages in an amount to be determined at
trial" (Pretty much the same as MySQL's claim below, BTW.) From IBM's
memorandum:
"SCO's GPL violations entitle IBM to at least nominal damages on the
Sixth Counterclaim for breach of the GPL. See Bair v. Axiom Design LLC
20 P.3d 388, 392 (Utah 2001) (explaining that it is "well settled"
that nominal damages are recoverable upon breach of contract); Kronos,
Inc. v. AVX Corp., 612 N.E.2d 289, 292 (N.Y. 1993) ("Nominal damages
are always available in breach of contract action".). "
Also worth noting (from IBM's brief regarding the GPL contract breach):
"the Court need not reach the choice of law issue because Utah law and
New York law are in accord on the issues that must be reached to
address SCO's sole argument on this motion, namely, that SCO did not
breach the GPL. Throughout this brief, IBM cites to both Utah law and
New York law."
http://www.groklaw.net/pdf/MySQLcounterclaim.pdf
MySQL's counter-complaint asserting breach of GPL license contract
("COUNT VIII Breach of Contract (GPL License)") and asking for
declaratory (court to declare GPL terminated) and injunctive (court to
preliminary and permanently enjoin Progress/NuSphere from "copying,
modifying, sublicensing, or distributing the MySQL(TM) Program")
relief (plus damages, of course).
Note that Judge Saris correctly denied MySQL's motion for preliminary
injunction applying contract (not copyright) standard regarding
irreparable harm.
http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf
What say you now, Linonut?
regards,
alexander.
--
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.)
- The GPL dream is finally over!, Rjack, 2008/08/16
- Re: The GPL dream is finally over!, Linonut, 2008/08/16
- Re: The GPL dream is finally over!,
Alexander Terekhov <=
- Re: The GPL dream is finally over!, Linonut, 2008/08/16
- Re: The GPL dream is finally over!, Alexander Terekhov, 2008/08/16
- Re: The GPL dream is finally over!, Linonut, 2008/08/16
- Re: The GPL dream is finally over!, David Kastrup, 2008/08/16
- Re: The GPL dream is finally over!, Linonut, 2008/08/16
- Re: The GPL dream is finally over!, Alexander Terekhov, 2008/08/16
- Re: The GPL dream is finally over!, Rjack, 2008/08/16
- Re: The GPL dream is finally over!, Alexander Terekhov, 2008/08/16
- Re: The GPL dream is finally over!, Linonut, 2008/08/16
- Re: The GPL dream is finally over!, David Kastrup, 2008/08/16