Re: IBM's appellee brief in Wallace case

2006-09-14 Thread Alexander Terekhov
Hey Burfel, developments! 8/28 IBM filed supplimental authorities. Wallace didn't file a response to IBM's supplimental authorities. (The FRAP says that a reply can be filed if it is prompt.) IBM filed Schor v. Abbott Laboratories concerning a section 2 monopoly leveraging theory (with Judge

Re: IBM's appellee brief in Wallace case

2006-09-14 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: [...] 8/28 IBM filed supplimental authorities. [...] These appellate judges are no morons Remember that line. You'll be singing a different tune once they finish the case. I can't exclude that possibility

Re: IBM's appellee brief in Wallace case

2006-09-14 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: [...] 8/28 IBM filed supplimental authorities. [...] These appellate judges are no morons Remember that line. You'll be singing a different tune once they finish

Re: IBM's appellee brief in Wallace case

2006-09-14 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: [...] 8/28 IBM filed supplimental authorities. [...] These appellate judges are no morons Remember that line. You'll be singing a

Re: IBM's appellee brief in Wallace case

2006-09-14 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: [...] 8/28 IBM filed supplimental authorities. [...] These appellate judges are no morons

Re: IBM's appellee brief in Wallace case

2006-09-14 Thread Alexander Terekhov
David Kastrup wrote: [...] And a copy made under a license retains the license obligations. is quite telling. Read a dictionary. Keep in place is perfectly acceptable definition Which place, dak? And what puts it in place to begin with? And recall that your GNUtian authority comrade

Re: IBM's appellee brief in Wallace case

2006-09-14 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] And a copy made under a license retains the license obligations. is quite telling. Read a dictionary. Keep in place is perfectly acceptable definition Which place, dak? And what

Wallace's reply brief (was: IBM's appellee brief in Wallace case)

2006-08-01 Thread Alexander Terekhov
i TABLE OF CONTENTS TABLE OF CONTENTS .. i TABLE OF AUTHORITIES . ii ARGUMENT

Re: IBM's appellee brief in Wallace case

2006-07-26 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: Ter, 2006-07-25 Ã s 11:35 +0200, Alexander Terekhov escreveu: with GNUtians. It's like trying to prove a negative. GNUtians postulate that pigs can fly and then expect you to disprove their claims. Here's Judge Newman of the United States Court of Appeals

Re: IBM's appellee brief in Wallace case

2006-07-26 Thread Alexander Terekhov
Alabama Petrofsky wrote: [...] as a maximum vertical price fixing agreement, either of which would be reviewed under the rule of reason. Well, well, well. - 48.1. The State of Arizona wins. The U.S. Supreme Court held that the defendants, the Medical Society, Foundation, and its

Re: IBM's appellee brief in Wallace case

2006-07-24 Thread Rui Miguel Silva Seabra
Seg, 2006-07-24 às 13:45 +0200, Alexander Terekhov escreveu: Rui Miguel Silva Seabra wrote: [...] So either you're misquoting, or Nimmer's It's neither. It's just your stupidity. Failure to perform according to the covenants stated in the GPL is not a copyright infringement. It is a

Re: IBM's appellee brief in Wallace case

2006-07-24 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] It's not because you're not required to accept it. :) Ah that. Well, it appears that Prof. Nimmer also thinks that RMS is a lunatic. GPL has a schizophrenic approach as to whether it is grounded in contractual or non-contractual terms. ... You are not

Re: IBM's appellee brief in Wallace case

2006-07-23 Thread Rui Miguel Silva Seabra
Sáb, 2006-07-22 às 13:43 +0200, Alexander Terekhov escreveu: Nimmer continued... - While proponents refer to such restrictions as creating “free” software, protecting rights, persons affected or potentially affected by the terms tend to refer to the risk of “viral” license terms that

Re: IBM's appellee brief in Wallace case

2006-07-23 Thread John Hasler
Alexander Terekhov writes: ...persons affected or potentially affected by the terms tend to refer to the risk of viral license terms that reach out to infect their own, separately developed software... There is, as you know very well, no such risk. -- John Hasler [EMAIL PROTECTED] Dancing

Re: IBM's appellee brief in Wallace case

2006-07-22 Thread Alexander Terekhov
Alexander Terekhov wrote: Alabama Petrofsky wrote: [...] According to its Preamble, the purpose of the GPL is to guarantee the freedom to share and change free software--to make sure the software is free for all its users. GPL at 1. The Preamble goes on to explain

Re: IBM's appellee brief in Wallace case

2006-07-20 Thread Alexander Terekhov
Alabama Petrofsky wrote: [...] The existence of so many distributors of GPL software other than the three defendants named here also raises serious questions whether the injunction plaintiff seeks could be effective in preventing the use of the Linux operating system, as those not a party