Alexander Terekhov wrote:
I suspect that Verizon folks simply told SFLC that they are ready to
raise a whole bunch of defenses resulting (if successful) in
enforceability of GPL'd copyrights once and for all (e.g. doctrine of
copyright misuse) and, even if that fails, they'll move to dismiss
SFLC's *copyright infringement* claim on the grounds spelled by Judge
White in Jacobsen case...
You are absolutely correct. There are no valid scope of use restrictions
on the grant of rights contained in the GPL -- only [unenforceable]
contractual covenants. The SFLC will *never* allow a lawsuit to proceed
to the stage where a federal court actually reviews a Motion to Dismiss
under Rule 12 of the F.R.C.P. The only tool in the SFLC's legal arsenal
to back up their bluster is the face saving of Rule 41 of the F.R.C.P.
(Voluntary Dismissal) under mysterious "undisclosed" terms.
ROFL:
*** Licenses are not contracts: the work's user is obliged to remain
within the bounds of the license not because she voluntarily promised,
but because she doesn't have any right to act at all except as the
license permits. *** Eben Moglen founder of the SFLC.
"The Software Freedom Law Center -- directed by Eben Moglen, one of the
world's leading experts on copyright law as applied to software --
provides legal representation and other law-related services to protect
and advance Free and Open Source Software. The Law Center is dedicated
to assisting non-profit open source developers and projects. Visit SFLC
at http://www.softwarefreedom.org.";
http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20080317005662&newsLang=en
Consider:
*** "Whether express or implied, a license is a contract 'governed by
ordinary principles of state contract law.'"; McCoy v. Mitsuboshi
Cutlery, Inc., 67. F.3d 917, (United States Court of Appeals for the
Federal Circuit 1995) ***
Who ya' gonna' believe? A distinguished panel of judges serving on a
United States Federal Court of Appeals or Eben Moglen and
www.businesswire.com ?
Sincerely,
Rjack ;)
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