Re: JMRI case -- Implementation of the Federal Circuit's Opinion

[Rjack]

Hyman Rosen wrote:
> > "The answer, I suspect, is that the Free Software Foundation is not 
> > accepting compliance with the GPL as a solution. It wants more. It 
> > wants to push Cisco around and it wants money. Here's how it thinks it 
> > can do that." The Software Lawyer
>
> If the only consequence of being caught out of compliance is
> to comply, then no one will be careful to properly comply from
> the start. 

The only consequence of being caught out of compliance is to receive
a scathing, withering and punitive Rule 41(A) Voluntary Dismissal by 
the FSF.  Scathing, withering and punitive because we have to listen 
to the unverifiable bullshit propaganda about what the FSF allegedly
won.

The FSF will NEVER, NEVER, NEVER allow a lawsuit to proceed to the 
point where a federal judge will ever actually evaluate the GPL's 
sec. 2(b) on the merits:

"20. Under the Licenses, Plaintiffs grant certain permissions to 
other parties to copy, modify and redistribute the programs so long 
as those parties satisfy certain conditions. In particular,
Section 2(b) of the GPL, addressing each licensee, states:

You must cause any work that you distribute or publish, that in 
whole or in part contains or is derived from the Program or any part 
thereof, to be licensed as a whole at no charge to all third parties 
under the terms of this License."

This particular contractual covenant is total legal gibberish. In 
the Second Circuit, the district courts know full well the 
difference between a contractual covenant, a contractual condition 
precedent and a delimiting scope of use restriction in a copyright 
license. A district court judge would stuff the GPL's sec. 2(b) up 
Eben Moglen's propagandistic butt.

Sincerely,
Rjack