Re: The GPL dream is finally over!

[Alexander Terekhov]

Linonut's message quoted below proves that you just can't reason with
the GNU GPL true believers. Amusingly crazy clownish guys.

regards,
alexander.

Linonut wrote:
> 
> * Alexander Terekhov peremptorily fired off this memo:
> 
> >
> > Linonut wrote:
> >>
> >> The good faith usage of the GPL has been going on for a couple decades
> >> now, and has resulted in a large body of software being available to
> >> millions of people.  A conflict with business was inevitable, but, in
> >> the highest-profile case so far, IBM vs SCO, the plaintiff kind of let
> >> the GPL angle drop.
> >
> > Linonut, Linonut. If you believe that IBM is/was of opinion that "The
> > GPL is a license and not a contract" how are you going to explain
> >
> > IBM's SIXTH COUNTERCLAIM (Breach of the GNU General Public License)
> > against SCO... "SCO accepted the terms of the GPL... IBM is entitled
> > to a declaration that SCO's rights under the GPL terminated, an
> > injunction prohibiting SCO from its continuing and threatened breaches
> > of the GPL and an award of damages in an amount to be determined at
> > trial" (Pretty much the same as MySQL's claim below, BTW.) From IBM's
> > memorandum:
> >
> > "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); Kronos,
> > Inc. v. AVX Corp., 612 N.E.2d 289, 292 (N.Y. 1993)  ("Nominal damages
> > are always available in breach of contract action".). "
> >
> > What say you now, Linonut?
> 
> That you simply want to s/license/contract/ in the above.
> 
> In other words, more Terekhov hand-waving.
> 
> > http://www.groklaw.net/pdf/MySQLcounterclaim.pdf
> >
> > MySQL's counter-complaint asserting breach of GPL license contract
> > ("COUNT VIII Breach of Contract (GPL License)") and asking for
> > declaratory (court to declare GPL terminated) and injunctive (court to
> > preliminary and permanently enjoin Progress/NuSphere from "copying,
> > modifying, sublicensing, or distributing the MySQL(TM) Program")
> > relief (plus damages, of course).
> >
> > Note that Judge Saris correctly denied MySQL's motion for preliminary
> > injunction applying contract (not copyright) standard regarding
> > irreparable harm.
> >
> > http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf
> >
> > What say you now, Linonut?
> 
> That the above supports viewing the GPL as a license, not a contract.
> 
> --
> A mind is a wonderful thing to waste.

-- 
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.)