Re: 9th Cir. License Primer

2011-03-30 Thread Alexander Terekhov

RJack wrote:
[...]
 Now, the SFLC utterly ignores the circuit precedent and claims:
 
 Further, once Best Buy made a distribution of BusyBox that did not
 comply with the license terms, the license terminated, and therefore any
 further act of copying or distributing BusyBox by Best Buy (even if in
 compliance with the license) is without Andersen's permission.

This is well known Stallman/FSF/SFLC moronity regarding termination 
of licensing contracts due to (material) breach.

To wit:

http://www.mlawgroup.de/publications/open_source_regulations_latest_update_15_04_08.PDF

http://www.mlawgroup.de/publications/open_source_regulations_latest_update_15_04_08.PDF
(See 6 Contract Law Issues)

Automatic termination of the license in case of breach of license
terms (condition subsequent)

- In a contract the termination is ultima ratio and needs prior 
notification

and

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=fedclaimvol=1999/97476c

In addition, prior to the filing of the infringement suit, RT Graphics
never took affirmative steps to terminate the license which it had
granted. This court agrees with other courts which have previously held
that such a measure is necessary on the part of the copyright holder. In
Graham v. James, the Court of Appeals for the Second Circuit stated that
[e]ven assuming [the publisher] materially breached the licensing
agreement and that [the programmer] was entitled to rescission, such
rescission did not occur automatically without some affirmative steps on
[the programmer's] part. 144 F.3d at 237-38. In Maxwell, the Court of
Appeals for the Eleventh Circuit expressed a similar view:

[E]ven assuming arguendo that the Miracle's conduct constituted a
material breach of the parties' oral understanding, this fact alone
would not render the Miracle's playing of the song pursuant to
[Albion's] permission a violation of [Albion's] copyright. Such a breach
would do no more than entitle [Albion] to rescind the agreement and
revoke [his] permission to play the song in the future, actions [he] did
not take during the relevant period.

Like the programmer in Graham v. James and the songwriter in Maxwell,
RT Graphics never formally withdrew previously-given permission which
allowed the alleged infringer to use the copyrighted material. See also
Fosson v. Palace (Waterland), Ltd., 78 F.3d 1448, 1455 (9th Cir. 1996)
(even assuming that movie producer materially breached licensing
agreement to use composer's song in film, composer never attempted to
exercise any right of rescission and summary judgment of
noninfringement of copyright was proper); Cities Serv. Helex, Inc. v.
United States, 543 F.2d 1306, 1313 (Ct. Cl. 1976) (A material breach
does not automatically and ipso facto end a contract. It merely gives
the injured party the right to end the agreement; . . . .). In the
case at bar, the court finds that there was no rescission of the
contract by plaintiff. Moreover, the Postal Service's conduct was
insufficient to justify any rescission which could have taken place,
and did not indicate a repudiation of the licensing agreement.
Accordingly, the court holds that the Use Agreement was at all times
valid and enforceable during the course of this dispute, and any
remedy which the plaintiff may seek for its failure to receive credit
cannot properly be based on a theory of copyright infringement. 

BTW, even assuming successful rescission/termination with affirmative
steps on the licensor part, what prevents the former licensee from
entering into licensing relationship anew?

The situation is no different when Microsoft would terminate my
Windows 7 EULA and I just go and buy another copy and create another
EULA relationship instead of terminated one.

So just take a license, breach it, wait for termination, take another
license, breach it, wait for termination... Rinse lather repeat.

To prevent that, the license contract must specify a condition 
precedent regarding previously terminated licenses and condition 
the new grant on successfull resolution of the previous breach 
dispute.

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
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Re: 9th Cir. License Primer

2011-03-30 Thread RJack


As the SFLC and Erik Andersen are learning to their dismay, a valid
Copyright Office registration of an open source project such as a
version of BusyBox requires the registration of all the *individual*
contributors' work all the way back to the original author's initial
contribution. In order for a complex and evolving derivative work as a
whole to be registered, each recursive, preexisting version must also
be registered -- a virtually impossible task when multiple authors are
involved see for example:

[5] Morris contends that the holding in Streetwise Maps, Inc. v.
Vandam, Inc., 159 F.3d 739, 747 (2d Cir. 1998), that the registration of
a derivative work meets the jurisdictional requirements of 411(a) in a
suit for infringement of the original work where the claimant owns the
copyright in both, requires us to find that if Cond Nast was a
copyright owner of Morris's articles at the time it registered the
issues of Allure in which they appeared, then those articles are
registered for the purposes of 411(a). See Woods v. Universal Studios,
Inc., 920 F. Supp. 62, 64 (S.D.N.Y. 1996), cited in Streetwise Maps, 159
F.3d at 747. We disagree. In Streetwise Maps, the plaintiff apparently
owned all of the rights to the original work at the time it registered
the copyright. See 159 F.3d at 746-47. In this case, it is undisputed
that Cond Nast owned only some of the rights to Morris's articles at the
time it registered the relevant issues of Allure.; MORRIS v. BUSINESS
CONCEPTS, INC., 283 F.3d 502 (2d Cir. 2001).

This leaves the remaining possibility that an individual contributor may
register with the Copyright Office only his own *exclusive* contribution
of source code. This requires submitting for registration the source
code files *not* modified or patched by other project members. The next
looming question is how do you find and compare an individual author's
contribution in thousands to possibly millions of bytes of object code
in some executable program?

The chances of a GPL project's enforcement in a federal court is dead
long before the judge ever reads the GPL.

Sincerely,
RJack :)
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Re: 9th Cir. License Primer

2011-03-30 Thread David Kastrup
RJack u...@example.net writes:

 As the SFLC and Erik Andersen are learning to their dismay, a valid
 Copyright Office registration of an open source project such as a
 version of BusyBox requires the registration of all the *individual*
 contributors' work all the way back to the original author's initial
 contribution. In order for a complex and evolving derivative work as a
 whole to be registered, each recursive, preexisting version must also
 be registered -- a virtually impossible task when multiple authors are
 involved see for example:

[...]

 The chances of a GPL project's enforcement in a federal court is dead
 long before the judge ever reads the GPL.

The respective chances for success of copyright enforcement in court are
what causes the FSF to get copyright assignments for key pieces of GNU
software, pretty much from the start of when the GPL has been designed.
So it is not exactly news for them or the SFLC that distributed
copyright makes for rougher sailing.

There is no indication so far, however, that anything is going amiss
here.  That the situation leaves more to fantasize about for our
resident legal nincompoops (as witnessed by their
quite-worse-than-random prediction track records) until the case closes
is not actually cause for worry.

-- 
David Kastrup
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Re: 9th Cir. License Primer

2011-03-30 Thread Alexander Terekhov

David Kastrup wrote:
[...]
 The respective chances for success of copyright enforcement in court 
 are what causes the FSF to get copyright assignments ... 

Dear dak, you know quite well that Stallman has no balls to sue for
copyright infringement because Stallman is in business of giving
Copyright vs. Community speeches. Imagine the publicity... BREAKING
NEWS: Copyright IS NOT AGAINST Community anymore, Stallman finally buys
into copyright, hallelujah!!!

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)
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Re: 9th Cir. License Primer

2011-03-30 Thread RJack

On 3/30/2011 10:28 AM, David Kastrup wrote:

RJacku...@example.net  writes:


As the SFLC and Erik Andersen are learning to their dismay, a
valid Copyright Office registration of an open source project such
as a version of BusyBox requires the registration of all the
*individual* contributors' work all the way back to the original
author's initial contribution. In order for a complex and evolving
derivative work as a whole to be registered, each recursive,
preexisting version must also be registered -- a virtually
impossible task when multiple authors are involved see for
example:


[...]


The chances of a GPL project's enforcement in a federal court is
dead long before the judge ever reads the GPL.


The respective chances for success of copyright enforcement in court
are what causes the FSF to get copyright assignments for key pieces
of GNU software, pretty much from the start of when the GPL has been
designed. So it is not exactly news for them or the SFLC that
distributed copyright makes for rougher sailing.

There is no indication so far, however, that anything is going amiss
here.  That the situation leaves more to fantasize about for our
resident legal nincompoops (as witnessed by their
quite-worse-than-random prediction track records) until the case
closes is not actually cause for worry.



DAK is still live! I thought he had died and went to the great Gnuvana
after Alex had beaten him about the cognitive head and body. Will
miracles never cease?

Sincerely,
RJack :)


You said WHAT?
  _ _
 |L|   |R|
 |M| /^^^\ |O|
_|A|_  (| o |)  _|F|_
  _| |O| | _(_---_)_ | |L| |_
 | | | | ||-|_| |_|-|| | | | |
 |  |   / \   |  |
  \/  / /(. .)\ \  \/
\/  / /  | . |  \ \  \/
  \  \/ /||Y||\ \/  /
   \__/  || ||  \__/
 () ()
 || ||
ooO Ooo


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Re: 9th Cir. License Primer

2011-03-30 Thread David Kastrup
Alexander Terekhov terek...@web.de writes:

 David Kastrup wrote:
 [...]
 The respective chances for success of copyright enforcement in court 
 are what causes the FSF to get copyright assignments ... 

 Dear dak, you know quite well that Stallman has no balls to sue for
 copyright infringement because Stallman is in business of giving
 Copyright vs. Community speeches. Imagine the publicity... BREAKING
 NEWS: Copyright IS NOT AGAINST Community anymore, Stallman finally buys
 into copyright, hallelujah!!!

What rock have you been living under?  The whole point of the GPL (as
opposed to, say, BSD style licenses) is that it is firmly rooted in
copyright in order to be able to _enforce_ copyleft.

The FSF rarely sues because the prospective defendants tend to prefer
getting into compliance (and the FSF's tendency to keep their ts crossed
is not likely the least reason).  Nowadays, most GPL compliance suits
are from GPL licensors different from the FSF themselves.  When was the
last large-scale GCC violation (for example) you remember?  Objective C
was one, Motorola signal processors were another.  Things started to
look ugly, and the companies got their act together after varying amount
of pressure, and came into compliance.

-- 
David Kastrup
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Re: 9th Cir. License Primer

2011-03-30 Thread Alexander Terekhov

David Kastrup wrote:
[...]
 What rock have you been living under?  The whole point of the GPL (as
 opposed to, say, BSD style licenses) is that it is firmly rooted in
 copyright ...

In context, copyright means that the owner has exclusive right to 
copy in order to sell (permissions to make) copies verbatim and 
copies of derivative works of his work without interference from 
http://en.wiktionary.org/wiki/freeloaders . . . In contrast, the
GPL means . . .

What rock have you been living under, silly dak?

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)
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Re: 9th Cir. License Primer

2011-03-30 Thread RJack

On 3/30/2011 6:04 PM, David Kastrup wrote:

Alexander Terekhovterek...@web.de  writes:


David Kastrup wrote: [...]

What rock have you been living under?  The whole point of the
GPL (as opposed to, say, BSD style licenses) is that it is
firmly rooted in copyright ...


In context, copyright means that the owner has exclusive right to
copy in order to sell (permissions to make) copies verbatim and
copies of derivative works of his work without interference from
http://en.wiktionary.org/wiki/freeloaders . . . In contrast, the
GPL means . . .


The GPL is about an imaginary right called copyleft that is
allegedly created with a license that infects and steals other
programmer's exclusive rights in their original creations and gives them
to Karl Marx's heirs.



a particular set of conditions under which the owner uses his
exclusive rights to grant certain permissions to selected recipients
of copies of his software.



Covenants -- not conditions dummkopf.


What rock have you been living under, silly dak?


Do you really not understand what a license is?  After all this
time?



Sincerely,
RJack :)

dummkopf -- n. A stupid person; a dolt.
[German : dumm, dumb (from Middle High German tump, tumb , from Old High
German tumb) + Kopf, head (from Middle High German, cup, cranium , from
Old High German, cup , from Late Latin cuppa).]









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Re: 9th Cir. License Primer

2011-03-29 Thread RJack


The SFLC is eager to cite Second Circuit authority when it suits its
purposes:

...[T]he Second Circuit in Salinger abrogated the longstanding practice
of presuming irreparable harm based upon the plaintiff's prima facie
claim of copyright infringement... [T]he Second Circuit has approved of
this practice. See e.g., Pharmaceutical Soc'y of New York, Inc. v. New
York StateDept. of Soc. Servs., 50 F.3d 1168, 1174-75 (2d Cir. 1995).;
Plaintiff's Memorandum on Motion.

But when it doesn't suit it purpose the SFLC chooses to utterly ignore
Second Circuit precedent such as:

One party's breach does not automatically cause recission of a
bilateral contract. See Fosson v. Palace (Waterland), Ltd., 78 F.3d
1448, 1455 (9th Cir.1996) (recognizing the rule applied in other
circuits that once a non-breaching party to an express copyright license
obtains and exercises a right of rescission by virtue of a material
breach of the agreement, any further distribution of the copyrighted
material would constitute infringement) (emphasis added);
Hyman v. Cohen, 73 So.2d 393, 397 (Fla.1954) ( A material breach, as
where the breach goes to the whole consideration of the contract, gives
to the injured party the right to rescind the contract or to treat it as
a breach of the entire contract' ) (quoting 12 Am.Jur. Contracts §
389) (emphasis added); 3 M. Nimmer  D. Nimmer, Nimmer on Copyright §
10.15[A], at 10-125-126 (1996) ( Upon such rescission, the assignment
or license is terminated and the copyright proprietor may hold his
former grantee liable as an infringer for subsequent use of the work.)
(emphasis added).

Now, the SFLC utterly ignores the circuit precedent and claims:

Further, once Best Buy made a distribution of BusyBox that did not
comply with the license terms, the license terminated, and therefore any
further act of copying or distributing BusyBox by Best Buy (even if in
compliance with the license) is without Andersen's permission.
Andersen Decl. Ex. 2, § 4 (“You may not copy, modify, sublicense, or
distribute [BusyBox] except as expressly provided under this License.
Any attempt otherwise to copy, modify, sublicense or distribute
[BusyBox] is void, and will automatically terminate your rights under
this License.”).; Plainiff's Reply Memeorandum.

The games have begun!

Sincerely,
RJack :)





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Re: 9th Cir. License Primer

2011-03-29 Thread jellybean stonerfish
On Tue, 29 Mar 2011 17:14:11 -0400, RJack wrote:

 The SFLC is eager to cite Second Circuit authority when it suits its
 purposes:
 
SNIP DATA
 
 But when it doesn't suit it purpose the SFLC chooses to utterly ignore
 Second Circuit precedent such as:
 
SNIP DATA
 
 The games have begun!
 
 Sincerely,
 RJack :)

That is exactly what a lawyer is supposed to do.

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Re: 9th Cir. License Primer

2011-03-24 Thread Alexander Terekhov
As they say:

The GPL Is a License, not a Contract. 

LMAO!

Seriously, I am very disappointed that Best Buy did not raise the issue
of copyright v. contract breach thus far. The language of Best Buy's
latest filing in 1:09-cv-10155-SAS Software Freedom Conservancy, Inc. v.
Best Buy Co., Inc. et al almost sounds that Best Buy buys into GPL
condition moronity... I suppose that they are sure that they can win
even under that condition so to speak. We'll see.

RJack wrote:
 
 The Ninth Circuit Court of Appeals published a decision on Dec. 10th,
 2010, MDY INDUSTRIES v. BLIZZARD ENTERTAINMENT that could serve as an
 excellent primer for open source license drafters.
 
 https://docs.google.com/leaf?id=0BwLbiGagMEFMODNkNjdlYjEtNDJkZC00Yjc3LTg3NmQtY2UyMjQwMjJhOGVi
 
 This decision is *REQUIRED READING* for the Free Software Foundation!
 
 ... [7] “A copyright owner who grants a nonexclusive, limited
 license ordinarily waives the right to sue licensees for copyright
 infringement, and it may sue only for breach of contract.” Sun I, 188
 F.3d at 1121 (internal quotations omitted). However, if the licensee
 acts outside the scope of the license, the licensor may sue for
 copyright infringement. Id. (citing S.O.S., Inc. v. Payday, Inc., 886
 F.2d 1081, 1087 (9th Cir. 1989)). Enforcing a copyright license “raises
 issues that lie at the intersection of copyright and contract law.” Id.
 at 1122.
 
 [8] We refer to contractual terms that limit a license’s scope as
 “conditions,” the breach of which constitute copyright infringement. Id.
 at 1120. We refer to all other license terms as “covenants,” the breach
 of which is actionable only under contract law. Id. We distinguish
 between conditions and covenants according to state contract law, to the
 extent consistent with federal copyright law and policy. Foad Consulting
 Group v. Musil Govan Azzalino, 270 F.3d 821, 827 (9th Cir. 2001)...
 
 [9] A Glider user commits copyright infringement by playing WoW while
 violating a ToU term that is a license condition. To establish copyright
 infringement, then, Blizzard must demonstrate that the violated term —
 ToU § 4(B) — is a condition rather than a covenant. Sun I, 188 F.3d at
 1122. Blizzard’s EULAs and ToUs provide that they are to be interpreted
 according to Delaware law. Accordingly, we first construe them under
 Delaware law, and then evaluate whether that construction is consistent
 with federal copyright law and
 policy. A covenant is a contractual promise, i.e., a manifestation of
 intention to act or refrain from acting in a particular way, such
 that the promisee is justified in understanding that the promisor
 has made a commitment. See Travel Centers of Am. LLC v. Brog, No.
 3751-CC, 2008 Del. Ch. LEXIS 183, *9 (Del. Ch. Dec. 5, 2008); see also
 Restatement (Second) of Contracts § 2 (1981). A condition precedent is
 an act or event that must occur before a duty to perform a promise
 arises. AES P.R., L.P. v. Alstom Power, Inc., 429 F. Supp. 2d 713, 717
 (D. Del. 2006) (citing Delaware state law); see also Restatement
 (Second) of Contracts § 224. Conditions precedent are disfavored
 because they tend to work forfeitures. AES, 429 F. Supp. 2d at 717
 (internal citations omitted). Wherever possible, equity construes
 ambiguous contract provisions as covenants rather than conditions. See
 Wilmington Tr. Co. v. Clark, 325 A.2d 383, 386 (Del. Ch. 1974). However,
 if the contract is unambiguous, the court construes it according to its
 terms. AES, 429 F. Supp. 2d at 717 (citing 17 Am. Jur. 2d Contracts §
 460 (2006)).
 
 [10] Applying these principles, ToU § 4(B)(ii) and (iii)’s prohibitions
 against bots and unauthorized third-party software are covenants rather
 than copyright-enforceable conditions. See Greenwood v. CompuCredit
 Corp., 615 F.3d 1204, 1212, (9th Cir. 2010) (“[H]eadings and titles are
 not meant to take the place of the detailed provisions of the text,” and
 . . . “the heading of a section cannot limit the plain meaning of the
 text.” (quoting Bhd. of R.R. Trainmen v. Balt.  Ohio R.R.,
 331 U.S. 519, 528—29 (1947))). Although ToU § 4 is titled, “Limitations
 on Your Use of the Service,” nothing in that section conditions
 Blizzard’s grant of a limited license on players’ compliance with ToU §
 4’s restrictions. To the extent that the title introduces any ambiguity,
 under Delaware law, ToU § 4(B) is not a condition, but is a contractual
 covenant. Cf. Sun Microsystems, Inc. v. Microsoft Corp., 81 F. Supp. 2d
 1026, 1031-32 (N.D. Cal. 2000) (“Sun II”) (where Sun
 licensed Microsoft to create only derivative works compatible with other
 Sun software, Microsoft’s “compatibility obligations”
 were covenants because the license was not specifically conditioned on
 their fulfillment).
 
 To recover for copyright infringement based on breach of a license
 agreement, (1) the copying must exceed the scope of
 the defendant’s license and (2) the copyright owner’s complaint
 must be grounded in an exclusive 

Re: 9th Cir. License Primer

2011-03-24 Thread RJack

On 3/24/2011 10:51 AM, Alexander Terekhov wrote:

As they say:

The GPL Is a License, not a Contract.

LMAO!

Seriously, I am very disappointed that Best Buy did not raise the
issue of copyright v. contract breach thus far. The language of Best
Buy's latest filing in 1:09-cv-10155-SAS Software Freedom
Conservancy, Inc. v. Best Buy Co., Inc. et al almost sounds that
Best Buy buys into GPL condition moronity... I suppose that they
are sure that they can win even under that condition so to speak.
We'll see.


It's all about strategy. The present motion is for a Preliminary
Injunction -- not Summary Judgement. Best Buy is adhering to the
principle espoused in the pleadings -- The license speaks for itself.
The focus of Best Buy's attorneys is to defeat the motion -- not defeat
the GPL at this point. If Best Buy defeats the motion because it claims
compliance with an unenforceable license, the defendant *still wins*.
It is glaringly obvious that Best Buy's attorneys consider GPL viral
claims to be complete nonsense. To wit:



1) ...Plaintiffs used their pretended enforcement rights in the entire
BusyBox code, as well as other open source software, to attempt to
extract prior review and veto rights over future models of Insignia
Blu-ray players and firmware releases.

See the: ...*pretended* enforcement rights in the entire BusyBox code...

2) ...Under that license, anyone can copy or distribute the “Program,”
which at best is Mr. Andersen’s contribution to BusyBox after 2001,
provided that such distributor meets only one of certain conditions...

See the: ...the 'Program,' *which at best* is Mr. Andersen’s
contribution...

3) ...Yet, later that same day, Plaintiffs continued to demand source
code for other open source software, and proprietary code, that has
nothing to do with BusyBox.

See the: ...*proprietary code, that has nothing to do with BusyBox*.

4) ...Conservancy demanded that Broadcom include proprietary source
code with the code that would be offered under Paragraph 3 of GPLv2.
Conservancy argued that the particular file in question was a derivative
work of an open source Linux kernel. (Id. at ¶ 12.) But Conservancy does
not have rights to Linux, nor does it have rights to Broadcom’s
proprietary source code. Whether that code was proprietary to Broadcom,
or derivative of Linux open source code, it is completely unrelated to
BusyBox.

See the: ...nor does it have rights to Broadcom’s *proprietary source*
code...

Sincerely,
RJack :)














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Re: 9th Cir. License Primer

2011-03-24 Thread RJack

On 3/24/2011 3:40 PM, RJack wrote:

On 3/24/2011 10:51 AM, Alexander Terekhov wrote:

As they say:

The GPL Is a License, not a Contract.

LMAO!

Seriously, I am very disappointed that Best Buy did not raise the
issue of copyright v. contract breach thus far.



It is instructive to look at the Best Buy Inc. litigation and SFLC
claims concerning the GPL in light of the recent Ninth Circuit decision
in MDY INDUSTRIES v. BLIZZARD ENTERTAINMENT,
https://docs.google.com/leaf?id=0BwLbiGagMEFMODNkNjdlYjEtNDJkZC00Yjc3LTg3NmQtY2UyMjQwMjJhOGVi

The Ninth Circuit held:

To recover for copyright infringement based on breach of a license
agreement, (1) the copying must exceed the scope of the defendant’s
license and (2) the copyright owner’s complaint must be grounded in an
exclusive right of copyright (e.g., unlawful reproduction or distribution).

This holding is in accord with the U.S. Supreme Court's ruling:

An unlicensed use of the copyright is not an infringement unless it
conflicts with one of the specific exclusive rights conferred by the
copyright statute. Twentieth Century Music Corp. v. Aiken, 422 U.S., at
154-155.; SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 U.S.
417 (1984).

The Best Buy Inc. et. al. complaint states:

Thus, to comply with the License, when a party distributes an object
code or executable form of BusyBox, they must include either (i) the
“complete corresponding machine-readable source code” or (ii) a “written
offer ... to give any third party ... a complete machine-readable copy
of the corresponding source code.”

The GPL's flaw is obvious. Neither including (i) complete... source
code... nor (ii) a ...written offer... is grounded in one of the
specific exclusive rights enumerated in the Copyright Act, thus
these acts comprise contractual covenants and *cannot* give rise to an
infringement claim.

Sincerely,
RJack :)





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Re: 9th Cir. License Primer

2011-03-24 Thread Alexander Terekhov

RJack wrote:
[...]
 The GPL's flaw is obvious. Neither including (i) complete... source
 code... nor (ii) a ...written offer... is grounded in one of the
 specific exclusive rights enumerated in the Copyright Act, thus
 these acts comprise contractual covenants and *cannot* give rise to an
 infringement claim.

+ 1

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)
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