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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: Wed, 31 Oct 2007 11:07:55 -0400
User-agent: Thunderbird (Windows/20070728)

Rui Miguel Silva Seabra wrote:
On Tue, Oct 30, 2007 at 07:47:44PM -0400, rjack wrote:
Geza Giedke wrote:
The case of GPL-violation by Monsoon Multimedia that was discussed
here recently has been settled out of court.
"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). . .

Yeah, but it seems all lawyers, even experienced ones, seem to cave in
rather than following your expectations, which have had an yet unbeatable
success rate of 0%.

Keep on with the good job, rjack/therekov...


My *expectation* (as quoted above) was "If the suit goes forward (which I seriously doubt)...". That's a 100% percent success rate with respect to my expectations since the suit did not proceed to court.

Your claim of "legal success" for the GPL is a variation of the the
famous fallacious "argument from ignorance" -- a lack of evidence is not evidence of absence.

The evidence for the legal enforceability must be based on federal statutes and established case law. *Copious legal evidence* in the form of both federal statutes and appellate case rulings has been presented arguing against the claim of GPL enforceability. There exists an abysmal *lack of legal evidence* cited to support the enforceability of the GPL.

The GPL has *never been tested in court* and never will be if the SFLC has a way to prevent actual judicial review. The SFLC has displayed only a consistent *lack of legal evidence* for GPL enforceability.

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