David Kastrup wrote:
Rjack <[email protected]> writes:
Daniel Wallace, the person who was prodded by the court about four times in succession to state an actual case, and finally got his nonsense dismissed for lack of doing so?
Ah. . . the Wallace v. F.S.F. case eh? If I remember correctly that's where arch pro bono "legal expert" for the F.S.F., Professor Eben Moglen, lacked the legal acumen (and cojones) to defend a simple lawsuit filed by a pro se plaintiff (Wallace). This, after Moglen had bragged: "24. In my role as General Counsel of the Foundation, I have been primarily responsible for all worldwide enforcement activity in defense of the GPL since 1994..." http://www.gnu.org/press/mysql-affidavit.html Instead of defending the FSF, Moglen hired the expensive multi-national law firm of Ice Miller L.L.P. in Indianapolis, IN. Doesn't say too much for Moglen's personal "pro bono" expertise huh? Either Moglen was unqualified as a lawyer or Wallace was a very tough customer (there's no evidence on record that Moglen is admitted to practice law in the federal courts or has ever passed a state bar exam). In the Wallace v. F.S.F. case the F.S.F. filed a Motion to Dismiss, explicitly claiming that the GPL was a contract: "Plaintiff's [Wallace] mischaracterization of the GPL in his Response has no bearing on the resolution of the pending Motion to Dismiss because the Court can examine the GPL itself. "[T]o the extent that the terms of an attached contract conflict with the allegations of the complaint, the contract controls." Centers v. Centennial Mortg., Inc., 398 F.3d 930, 933 (7th Cir. 2005)." http://osdir.com/ml/gnu-misc-discuss-gnu/2009-05/msg00193.html The F.S.F. has spent years using sites like Groklaw astroturfing the claim “The GPL is a License, Not a Contract" and then contradicts itself by claiming in federal court that the GPL is a contract. After the lawsuit ends the F.S.F. again claims the GPL is not a contract. That's my definition of a nut-job. Sincerely, Rjack _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
