Alexander Terekhov wrote:
"cannot properly be based on a theory of copyright infringement. "
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=fedclaim&vol=1999/97476c
In the
case at bar, the court finds that there was no rescission of the
contract by plaintiff.

IBM did request such rescission, in the counterclaims they filed,
based on the statements in the GPL.
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