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Re: GPL and linking

On 5/11/05, Raul Miller <moth.debian@gmail.com> wrote:
> Of course, a court case does not have to be argued that way.

No, but if it's to have a prayer of winning, it has to be argued in
terms of the law that is actually applicable, not as if the court were
obliged to construe the GPL so that every word has meaning and then
proceed directly to copyright law.

> However, I believe that a person who holds a GPL copyright
> who neglects these points in court is likely to lose.

Erroneous beliefs are among the liberties granted to humankind by the
universe.  One or both of us holds some very erroneous beliefs.

> A judge can ignore issues which are not raised in court, and
> will focus on issues which are raised and contested in court.

A judge cannot ignore law which doesn't happen to be in one of the
parties' briefs.

- Michael

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