Hyman Rosen wrote: > > On 3/10/2010 2:17 PM, Alexander Terekhov wrote: > > here's typical outline notes regarding contractual (K) performance > > The GPL and other such licenses are licenses, not contracts.
http://www.fsf.org/news/microsoft_response "We do not, however, agree with Microsoft's characterization of the situation involving GPLv3. Microsoft cannot by any act of anticipatory repudiation . . ." (from typical outline notes regarding contractual (K) performance) "G. Anticipatory Repudiation A party breaches before the contract is even to start In Anticipatory repudiation - a party can bring an action upon breach, they need not wait until the K would have taken effect Anticipatory breach of a bilateral K: 1) Express repudiation - refusal to perform 2) Implied repudiation - events are out of the parties power to perform A party to a K for sale of goods can demand assurances of performance. If a party breaches and the subject matter is destroyed without fault the damages for breach are limited to the time from breach to destruction Repudiation does not apply to unilateral Ks " Here's more: http://en.wikipedia.org/wiki/Anticipatory_repudiation "Anticipatory repudiation, also called an anticipatory breach, is a term in the law of contracts that describes a declaration by the promising party to a contract, that he or she does not intend to live up to his or her obligations under the contract. " regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' -- 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.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
