Re: Tom Tom and Microsofts Linux patent lock-down ..

[Rjack]

Rahul Dhesi wrote:
> Having essentially claimed that GPL contains illegal terms, Rjack 
> is unable to specify how.
>
> Rjack <user@example.net> writes:
> > > > 1) The licensing fees in the GPL are price fixed a no charge 
> > > > to all third parties.
> > > Are we talking antitrust here?
>
> > Uh... WTF are you talking about?
>
> I was trying very hard to figure out in what way anything in the 
> GPL is illegal. Antitrust was the only thing I could think of, 
> since you mentioned something that sounded like price-fixing.  If 
> that's not it, then I fail to see what in the GPL you have pointed 
> out as illegal.

I don't think you understand the meaning(s) attached to the term
"illegal" in the English language:

"Illegal, or unlawful, is used to describe something that is
prohibited or not authorized by law or, more generally, by rules
specific to a particular situation (such as a game)."
http://en.wikipedia.org/wiki/Illegal

"1.  Prohibited by law.
2. Prohibited by official rules: an illegal pass in football.
3. Unacceptable to or not performable by a computer: an illegal
operation."
http://www.answers.com/topic/illegal

": not according to or authorized by law : unlawful  , illicit  ; also
: not sanctioned by official rules (as of a game)"
http://www.merriam-webster.com/dictionary/illegal

If a term of the GPL contract indicates that it violates a rule of
contract construction the term may properly be described as "illegal".

Often an illegal contract term may also be described as "against
public policy".

"n.
The basic policy or set of policies forming the foundation of public
laws, especially such policy not yet formally enunciated."
http://www.answers.com/topic/public-policy

The rules of contract construction are the rules of public common law
as determined by the courts of the various states when not set by
state statutory law.

Sincerely,
Rjack :)


Sincerely,
Rjack :)