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Re: Monsoon settles: complies with GPL, pays undisclosed sum

From: rjack
Subject: Re: Monsoon settles: complies with GPL, pays undisclosed sum
Date: Tue, 30 Oct 2007 19:47:44 -0400
User-agent: Thunderbird (Windows/20070728)

Geza Giedke wrote:
The case of GPL-violation by Monsoon Multimedia that was discussed
here recently has been settled out of court.

So what's new? On 21 Sept I stated:

"The SFLC is using threats of copyright infringement prosecution under
the GPL as a tactical matter to force Monsoon Multimedia to comply with
a contractual covenant.The SFLC will never allow a federal court to
examine the GPL on its merits.

If the suit goes forward (which I seriously doubt) the District Court
will dismiss due to failure to state a federal claim. Contract claims
are heard under the common law of state jurisdictions."

The GPL is D.O.A. under a F.R.Civ.P. Rule 12 Motion to Dismiss in a US federal court. After the plaintiff's filed a voluntary Motion to Dismiss it was inevitable that GPL supporters would trumpet "the GPL won in court". Magnanimous claims without the GPL so much as being read by a judge -- same old, tired FSF FUD story -- just a different day.

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