OT - GNU Contract Law Theory: ANTICIPATORY REPUDIATION

[Alexander Terekhov]

Breaking news!!! Well, at least now the world knows that the GPL is a
contract. :-)

http://www.fsf.org/news/microsoft_response

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We do not, however, agree with Microsoft's characterization of the
situation involving GPLv3.  Microsoft cannot by any act of
anticipatory repudiation divest itself of its obligation to respect
others' copyrights.  If Microsoft distributes our works licensed under
GPLv3, or pays others to distribute them on its behalf, it is bound to
do so under the terms of that license.  It may not do so under any
other terms; it cannot declare itself exempt from the requirements of
GPLv3.

[...]

We will ensure--and, to the extent of our resources, assist other
GPLv3 licensors in ensuring--that Microsoft respects our copyrights
and complies with our licenses.
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How fascinating.

But curiously (GNU jurisdiction aside for a moment),

http://en.wikipedia.org/wiki/Breach_of_contract#Anticipatory_breach

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Anticipatory breach

A breach by anticipatory repudiation (or simply anticipatory breach)
is an unequivocal indication that the party will not perform when
performance is due, or a situation in which future non-performance is
inevitable. An anticipatory breach gives the non-breaching party the
option to treat such a breach as immediate, and, if repudiatory, to
terminate the contract and sue for damages (without waiting for the
breach to actually take place).
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hmmm.

regards,
alexander.