Alexander Terekhov <terek...@web.de> writes: > David Kastrup wrote: >> >> Alexander Terekhov <terek...@web.de> writes: >> >> > David Kastrup wrote: >> >> >> >> Alexander Terekhov <terek...@web.de> writes: >> >> >> >> > David Kastrup wrote: >> >> > [...] >> >> >> The whole point of the GPL as a license rather than a contract is >> >> > >> >> > Dak, please stop ignoring the facts: >> >> > >> >> > It's established by several courts in Germany that the GPL is an AGB >> >> > contract. >> >> > >> >> > http://www.jbb.de/fileadmin/download/judgment_dc_frankfurt_gpl.pdf >> >> > >> >> > "The GPL grants anyone who enters into such contract with the licensor >> >> > the right to copy, ..." >> >> >> >> Germany might call things different, but you still have the situation >> >> that a contractual arrangement to which one party has not given its >> >> implicit or explicit consent differs in the details of execution and >> >> enforcement. >> >> >> >> For one thing, the license can't stipulate contractual penalties for >> >> non-conformance. >> > >> > http://www.groklaw.net/articlebasic.php?story=20061123091221786 >> > >> > "SCO's GPL violations entitle IBM to at least nominal damages on the >> > Sixth Counterclaim for breach of the GPL. See Bair v. Axiom Design LLC >> > 20 P.3d 388, 392 (Utah 2001) (explaining that it is "well settled" that >> > nominal damages are recoverable upon breach of contract); >> >> Get somebody to explain the difference of "contractual penalties" and >> "nominal damages" to you. > > Did you read the rest of my quote, silly dak?
Sure. Nothing relevant as usual. >> The former can be an arbitrary amount agreed upon in advance by the >> contract parties. > > In absence of such stipulation in contract, a non-breaching party must > simply establish the damages sustained. You did not understand a word of what you were replying to, again. The whole point was that in the case of a _license_, as opposed to a contract, any such stipulation of a _penalty_ is _invalid_, and _only_ sustained damages can actually be claimed. -- David Kastrup _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss