OT - GNU Contract Law Theory: ANTICIPATORY REPUDIATION
chris at metatrontech.com
Tue Aug 28 15:56:42 UTC 2007
Alexander Terekhov wrote:
> Breaking news!!! Well, at least now the world knows that the GPL is a
> contract. :-)
> 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
> 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.
> How fascinating.
> But curiously (GNU jurisdiction aside for a moment),
> 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).
Nice try. Please do some research before posting this sort of thing:
However, this gets back to what I was saying earlier. The FSF has
dropped all pretenses over the fact that the GPL3 is a contract.
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