gnu-misc-discuss
[Top][All Lists]
Advanced

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: SFLC is SOL


From: RJack
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:08:48 -0000
User-agent: Thunderbird 2.0.0.23 (Windows/20090812)

Rex Ballard wrote:

And before ANY of that goes to a jury, both sides have to show their
 cards to the Judge and to each other.

Before ANY of this even goes to the discovery stage, the defendants
will file FRCP Rule 12 Motions to Dismiss challenging the legal
enforceability of the GPL contract. Only *after* determining the
enforceability of the GPL will the court be in a position to determine
what is relevant in its discovery orders. The enforceability of the
GPL is a matter of law and is determined by the trier of law (the judge
not the jury) hence the repeated language "the license speaks for
itself". One thing to watch in the defendant Answers is the language of
their defenses.

Hence defendant Versa's Answer:

======================================================================
                  FIFTEENTH AFFIRMATIVE DEFENSE
       (ILLEGAL, UNCONSCIONABLE AND CONTRARY TO PUBLIC POLICY)

On information and belief, Defendant alleges that Plaintiffs’ claims are
barred, limited and/or excluded on the grounds that the alleged license
at issue in this case and/or certain provisions contained therein are
illegal, unconscionable and barred by public policy as well as by
statutory and case law.
=======================================================================

This is not standard boilerplate language. You may accept as gospel that
at some point before general discovery begins, a Motion to Dismiss based
on 17 USC 301 and federal preemption as well as a claim of misuse of
copyright will be filed that challenges the GPL.

Sincerely,
RJack :)


reply via email to

[Prev in Thread] Current Thread [Next in Thread]