Re: Microsoft's Linux Kernel Code Drop Result of GPL Violation

[Rjack]

Hyman Rosen wrote:
> Rjack wrote:
> > 17 USC 301(a)
>
> This is the preemption clause, which relegates all copyright to 
> federal law. It is completely irrelevant to the GPL, because the 
> GPL functions solely under copyright law.

Let's practice a little therapy Hyman. Relax and take a deep breath
before chanting, "A copyright license is a contract like any other
contract". Repeat as if it were the Rosary. Soon you will reach a
state of enlightenment wherein you will truly understand the nature
of copyright licenses.


Sincerely,
Rjack

"A copyright license is a contract like any other contract and the
starting point of the analysis must necessarily be the terms of the
license. See Cohen v. Paramount Pictures Corp., 845 F.2d 851, 853 (9th
Cir. 1988); see also 3 M. Nimmer & D. Nimmer, Nimmer on Copyright §
10.08 (1988).; Apple Computer, Inc. v. Microsoft Corp., 717 F. Supp.
1428, 1432 (N.D. Cal. 1989)