It's a reasonable strategy in pre-filing discussions to omit
mention of the GPL. The violators are very likely to bring it up as
justification for distribution of the code. That approach precludes them from
reasonably claiming that they didn't agree to the GPL terms.
Hmm,
yes, I imagine that pre-suit negotiations could give you a reasonable indication
of whether its worth mentioning the GPL. If the defendants indicate that they're
going to try to use the GPL as a defense, then it's perfectly reasonable to
address that right from the start. Otherwise, though, it seems silly. I suppose
we can probably assume that Twin Peaks has suggested that they will be trying to
use the GPL to defend their actions. Which should be interesting to watch. (And
probably amusing, if previous GPL-related suits are any guide.)
:)
--- Do not meddle in the affairs of Wizards, for it makes them
soggy and hard to light. [ Reply to This | Parent | # ]
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