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From: | RJack |
Subject: | Re: Psystar's legal reply brief in response to Apple |
Date: | Wed, 08 Dec 2010 15:58:50 -0000 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv:1.9.2.8) Gecko/20100802 Thunderbird/3.1.2 |
On 8/10/2010 1:21 PM, Hyman Rosen wrote:
On 8/10/2010 1:10 PM, RJack wrote:As I said, no federal court has ever reviewed the contract language of the GPL. It is common for those unfamiliar with legal proceedings to confuse a "matter of fact" with a "matter of law".There are thousands of licenses which have never been reviewed by a court. In the case of the GPL, we actually have a judge who has read the license and did not say "What? This is crazy!" but instead sees it as an ordinary license about which there can be ordinary disputes as to whether its terms have been met. That is more court scrutiny than most other licenses ever get. No court has ever said that the GPL is not valid, including a court that has read the GPL. I will rely on that, rather than the wishful thinking of a crank who believes that someday a court will see things his way.
Where did the court state that it even *read* the GPL? "Affidavits submitted by the parties' experts raise a factual dispute concerning whether the Gemini program is a derivative or an independent and separate work under GPL ΒΆ 2." *Affidavits* submitted by the parties is not the GPL. Just like the case where the Artistic License is not the GPL. What say ye now dear Hyman? Yea! My License's Got A Hole In It Yea! My License's Got A Hole In It Yea! My License's Got A Hole In It I can't buy no beer. Well I'm standin' on a corner - With a license in my hand I'm waitin' for a woman - That ain't got no man. 'Cause My License's Got A Hole In It Yea! My License's Got A Hole In It Yea! My License's Got A Hole In It I can't buy no beer. Sincerely, RJack :)
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