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Re: Settlements
From: |
David Kastrup |
Subject: |
Re: Settlements |
Date: |
Tue, 02 Mar 2010 16:29:34 +0100 |
User-agent: |
Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux) |
Alexander Terekhov <terekhov@web.de> writes:
> Hyman Rosen wrote:
> [...]
>> Sorry, but according to CAFC, that's exactly what happens:
>> <http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
>> The Artistic License also uses the traditional language of
>> conditions by noting that the rights to copy, modify, and
>> distribute are granted Aprovided that@ the conditions are met.
>> Under California contract law, "provided that" typically
>> denotes a condition.
>
> “Under California contract law, “provided that” typically denotes a
> condition. See, e.g., Diepenbrock v. Luiz, 159 Cal. 716 (1911)”
>
> The CAFC further ruled:
>
> “The choice to exact consideration in the form of compliance with the
> open source requirements of disclosure and explanation of changes...”
>
> How on earth can “disclosure and explanation of changes” come before (be
> a condition precedent) to the license grant?
Causality does not necessarily imply temporal order in the legal world,
because the legal _meaning_ of an act might sometimes be established
only at a later point of time.
Taking something in a supermarket without paying constitutes theft. The
relevant activity of the theft is done at the time I take the ware, the
status of the theft is established when I pass the cash register.
Passing a cash register, however, is not what the law considers a crime.
--
David Kastrup
- Re: Settlements, (continued)
- Re: Settlements, RJack, 2010/03/01
- Re: Settlements, Hyman Rosen, 2010/03/01
- Re: Settlements, RJack, 2010/03/01
- Re: Settlements, David Kastrup, 2010/03/02
- Re: Settlements, RJack, 2010/03/02
- Re: Settlements, David Kastrup, 2010/03/02
- Re: Settlements, Hyman Rosen, 2010/03/02
- Re: Settlements, Hyman Rosen, 2010/03/02
- Re: Settlements, Alexander Terekhov, 2010/03/02
- Re: Settlements, Hyman Rosen, 2010/03/02
- Re: Settlements,
David Kastrup <=
- Re: Settlements, Alexander Terekhov, 2010/03/02
- Re: Settlements, Alexander Terekhov, 2010/03/02
- Re: Settlements, David Kastrup, 2010/03/02
- Re: Settlements, Alexander Terekhov, 2010/03/02
- Re: Settlements, David Kastrup, 2010/03/02
- Re: Settlements, Alexander Terekhov, 2010/03/02
- Re: Settlements, David Kastrup, 2010/03/02
- Re: Settlements, Alexander Terekhov, 2010/03/02
- Re: Settlements, Alexander Terekhov, 2010/03/02