decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
licence drafter == copyright holder | 474 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
licence drafter == copyright holder
Authored by: Anonymous on Monday, July 02 2012 @ 04:58 PM EDT
This is an oversimplification. See my response on equitable estoppel (which is
what you are talking about).

Bear in mind also that (a) equitable estoppel is a matter of US law (and other
common law jurisdictions) but canonical distribution throughout the world, and
(b) presumably canonical have received legal advice differing from the FSF's, so
that equitable estoppel would not apply, since they would not believe what the
FSF to be true. In addition, it is undecided how far estoppel can apply to
matters of law rather than fact, and differs between different common law
jurisdictions.

[ Reply to This | Parent | # ]

Funny paradox :)
Authored by: bugstomper on Monday, July 02 2012 @ 06:12 PM EDT
"it would *have* to be ruled *against* the FSF if there was reasonable
doubt"

"if you wrote the terms, then the other guy gets the benefit of the
doubt"

So Canonical says that GPLv3 does not allow them to do certain things with GRUB.
Then what, in our hypothetical court case, Canonical does it anyway?

FSF sues them (for what?) and says "No, GPLv3 says you are allowed to do
what we are suing you for doing"

The Court is forced to decide that GPLv3 does not allow Canonical to do what
they are doing because they are not allowed to just accept the interpretation of
the people who wrote GPLv3 if Canonical's interpretation can be considered at
least reasonable. Therefore FSF wins the suit and Canonical is forced to do
things the way FSF has written this paper criticizing them about.

I guess that makes sense :)

[ Reply to This | Parent | # ]

Apple vs Psystar
Authored by: Anonymous on Monday, July 02 2012 @ 07:35 PM EDT

Perhaps you can explain why Psystar lost if their interpretation of the license was given the benefit of doubt.

RAS

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )