Re: Justice draws nigh

[RJack]

Hyman Rosen wrote:
> On 5/15/2010 12:19 PM, RJack wrote:
> > This doesn't bode well for Hyman Rosen and his favorite erroneous 
> > CAFC ruling in the Aristic License case.
>
> Oh, dear. I'm positively trembling with anxiety.
>
> > "determining whether a defendant's activities fall within the scope
> > of an existing license essentially involves a question of contract
> > interpretation"
>
> Duh. How else would license terms be interpreted? If the SFLC 
> defendants choose to assert that they are operating under the GPL,
> then they will need to explain why they are not making the sources
> available as the license requires.

The defendants don't have to prove anything. The plaintiffs affirm the
existence of a license and thus have to demonstrate that he defendants
exceeded the scope of the license. The enforceability of the license
terms is a matter of law. The license speaks for itself and the court
will review the GPL license, shred it and then deposit it in the round
filing bin under her desk.

Sincerely,
RJack :)