OT - GNU Contract Law Theory: ANTICIPATORY REPUDIATION

[Chris Travers]

Alexander Terekhov wrote:
> Breaking news!!! Well, at least now the world knows that the GPL is a
> contract. :-)
>
> http://www.fsf.org/news/microsoft_response
>
> ------
> 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.
> ------
>
> How fascinating.
>
> But curiously (GNU jurisdiction aside for a moment),
>
> http://en.wikipedia.org/wiki/Breach_of_contract#Anticipatory_breach
>
> ------
> 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).
> ------
>
> hmmm.
>   
Nice try.  Please do some research before posting this sort of thing:
http://dictionary.law.com/default2.asp?selected=2409

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.

Best Wishes,
Chris Travers
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