Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

2006-06-22 Thread Alexander Terekhov
David Kastrup wrote: [...] One does not plead facts. Uh. Try googling plead facts. regards, alexander. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: license issue: calling a GPLv2 library

2006-06-22 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: Qui, 2006-06-22 Ã s 15:29 +0200, Alexander Terekhov escreveu: David Kastrup wrote: [...] To quote Hollaar (http://digital-law-online.info/lpdi1.0/treatise2.html) http://groups.google.com/group/misc.legal.computing/msg/3cf3e9ee08d2837b

Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

2006-06-22 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] One does not plead facts. Uh. Try googling plead facts. Try googling GPL FAQ. And what's your point? The phrase plead facts is used by courts. It's legal concept. The GPL FAQ

Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

2006-06-22 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] One does not plead facts. Uh. Try googling plead facts. Try googling GPL FAQ. And what's your point

Re: license issue: calling a GPLv2 library

2006-06-22 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] In re: Aimster Copyright Litigation, 334 F.3d 643, 644 (7th Cir. 2003) (“If a breach of contract (and a copyright license is just a type of contract) . . . ”); see also McCoy v. Mitsuboshi Cutlery, Inc., 67 F.3d 917, 920 (Fed. Cir. 1995)

Re: license issue: calling a GPLv2 library

2006-06-22 Thread Alexander Terekhov
David Kastrup wrote: [...] That sure looks to me like a mechanism to derive acceptance of the GPL. Not really. You can't sue people to accept the license. You can only sue them to heed it. Only if you can establish acceptance. (And the courts won't enforce unlawful contracts --

Re: license issue: calling a GPLv2 library

2006-06-22 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] Acceptance... Only the GNU GPL authorizes the right to make copies and distribute them. If you do not accept the terms you can't distribute them because copyright forbids it. Unlawful contracts... The GNU GPL is not a

Re: license issue: calling a GPLv2 library

2006-06-22 Thread Alexander Terekhov
David Kastrup wrote: [...] to say your honor, I plead not accepting the license, thus am not bound to its conditions, and would prefer to be tried in criminal court for copyright violation than here for breach of license? *Breach* of IP license is a contract claim, idiot. The binding things

Re: license issue: calling a GPLv2 library

2006-06-22 Thread Alexander Terekhov
Merijn de Weerd wrote: [...] Why not? The above *says* that modifying or distribution is acceptance of the license. Or do you mean, you don't have to agree with that statement either? As Hollaar (http://digital-law-online.info/lpdi1.0/treatise2.html) noted, you don't have to agree with that

Re: license issue: calling a GPLv2 library

2006-06-22 Thread Alexander Terekhov
Merijn de Weerd wrote: On 2006-06-22, Alexander Terekhov [EMAIL PROTECTED] wrote: Bwahahahah. You're hopeless. BTW, you seem to forgot that Professor Dr. Thomas Hoeren (Visiting Fellow at the Oxford Internet Institute) is Appellate Judge (Court of Appeal of Dusseldorf, Copyright Senate

Re: license issue: calling a GPLv2 library

2006-06-23 Thread Alexander Terekhov
More from Nimmer (Ray Nimmer): -- In transactional relationships, property rights (including intellectual property rights) may furnish background or default rules that govern the transaction unless otherwise agreed. From a contract law standpoint (as compared to contracting practice), setting

Re: GPLv3 comedy unfolding

2006-06-23 Thread Alexander Terekhov
Episode GPLv3 and Steve Ballmers blood pressure by Welte The GPL Enforcer (http://google.com/group/gnu.misc.discuss/msg/81d24d64033f55c5). http://gnumonks.org/~laforge/weblog/ - Thu, 22 Jun 2006 GPLv3 and Steve Ballmers blood pressure I'm currently having the pleasure of being part of the

Re: Poor GPL-Enforcers

2006-06-23 Thread Alexander Terekhov
Hey ams, BusyBox aside for a moment, Welte has a plan! http://lwn.net/SubscriberLink/186944/0ccd89b5598e797f/ - What is most interesting about having some organization backing this project, is that we can actually do more interesting legal action than I can do now. So far, we've only

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
Lasse Reichstein Nielsen wrote: [...] Hardly. No GPL licensed software is being distributed with further restrictions. Or dear. How much will you pay me for a CD full of GPL'd binaries (and no source code at all) which I'm going to distribute to you under contractual agreement imposing

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
David Kastrup wrote: [...] Cf. URL:http://gpl-violations.org/ for examples. http://www.macnewsworld.com/story/43996.html quote It's a Small Welte After All Across the wide ocean, other enforcement of the GPL runs along a different trail. Harald Welte, a self-appointed enforcer of the GPL who

Re: Something about Less General Public License

2006-06-26 Thread Alexander Terekhov
Byron A Jeff wrote: [...] Which would be accomplished by releasing your code as LGPL since your code is derivative from original LGPL code. OP said that We got a new library by modifying the LGPL code and adding some our own code. Modified LGPL code aside for a moment, what makes you think

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
Alfred M. Szmidt wrote: [...] not accept the terms of the license, but if you do not accept them default copyright law is in force, and you may not distribute or modify the Program. Go read the default copyright law is in force, idiot. Both actions are permitted by the default copyright law

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
David Kastrup wrote: [...] Creating your own copies is not covered under first sale. First sale covers lawfully made copies. To quote Hollaar, - As for the reproduction right (1) implying the distribution right (3), it's not an implication, but a special rule in United States copyright law

Re: Something about Less General Public License

2006-06-26 Thread Alexander Terekhov
Byron A Jeff wrote: [...] I took it to mean that he started with the LGPL code base and added code to it. I also took it to mean that his code could not function independantly from the original LGPL code base. External factors are totally irrelevant. Copyright is about expression, not

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
David Kastrup wrote: [...] I think that the problem here is one of ownership. How can you claim the ownership of a copy if there is no payment and the content has not http://lists.debian.org/debian-legal/2006/01/msg00166.html http://lists.debian.org/debian-legal/2006/01/msg00174.html been

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
David Kastrup wrote: [...] Sure, and you can then resell this CD if you want to. What you can't do is make additional copies and sell those without adhering to the license. Another legal persons makes copies. And he is in total compliance. I just distribute those lawfully made copies (he

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
David Kastrup wrote: [...] Not really. Judges don't cherish circumvention, There's no circumvention. Remember that another legal person is in full compliance. And there's no contract between me and copyright owners in GPL'd stuff that would prevent distribution of my copies as I see fit

Re: Looking for an open source license..

2006-06-26 Thread Alexander Terekhov
David Kastrup wrote: [...] One problem is that this another legal person is likely acting as your agent. Uh. For the sake of argument, let's assume that you can even prove existence of agreement between us two. Cry conspiracy. Won't help. There was no law or contract broken. All actions

Re: Something about Less General Public License

2006-06-26 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] External factors are totally irrelevant. Copyright is about expression, not dependencies. No MS DirectX program can function without MS DirectX (broken and incomplete WINE stuff aside for a moment), but that doesn't make DirectX programs derivative

Re: Something about Less General Public License

2006-06-27 Thread Alexander Terekhov
Forgot to mention... Rui Miguel Silva Seabra wrote: [...] Only shows how tech-litterate you are. There's a much smaller download with just the EULAs: http://download.microsoft.com/download/f/7/a/f7ad6880-50d4-48b1-81cf-bd8f6a8b3abc/directx_9c_eulas.exe Not that it makes any difference, just

Re: GPLv3 comedy unfolding

2006-06-27 Thread Alexander Terekhov
My, what a show. Such a clown! http://www.rehash.nl/hollandopen/rawtapes/ho-eben_moglen/ho-eben_moglen.mp4 And here's Eben The Bullshiter giving a talk to the citizens of the Free Republic (he, of course, meant the GNU Republic) on the state of the GPLv3 process and demise of Microsoft (and

Re: GPLv3 comedy unfolding

2006-06-27 Thread Alexander Terekhov
More episodes... Alexander Terekhov wrote: My, what a show. Such a clown! http://www.rehash.nl/hollandopen/rawtapes/ho-eben_moglen/ho-eben_moglen.mp4 http://www.rehash.nl/hollandopen/rawtapes/ho-eben_moglen_qa/ho-eben_moglen_qa.mp4 http://www.rehash.nl/hollandopen/rawtapes/ho-license_drm

Re: Something about Less General Public License

2006-06-28 Thread Alexander Terekhov
[EMAIL PROTECTED] wrote: I think I've already answered the problem about linking: http://lists.gnu.org/archive/html/gnu-misc-discuss/2006-05/msg00425.html It doesn't answer the problem. The problem is nonexistent. But I'm just curious what makes you think that contractual restriction of

Re: Mixing Licenses ... any hints needed

2006-06-28 Thread Alexander Terekhov
Wolfdieter Schmidt wrote: Newsgroup, I am currently planning to write a program which uses Trolltech Qt 4. And I will use the Qt4 - GPL version. So as I understand my code has to be GPL. You understand it wrong. The FSF and Trolltech simply want you to believe in their utterly moronic

Re: Mixing Licenses ... any hints needed

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: [EMAIL PROTECTED] wrote: [...] this is obviously not what Trolltech intended Trolltech's intentions is smoking gun stuff to invalidate the whole scheme once and for all. I still wonder why Wallace didn't name

Re: Mixing Licenses ... any hints needed

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [...] But Novell and RedHat are not responsible for the interpretation Trolltech places on the parts copyrighted by Trolltech. Both Novell and Red Hat are *parties* to the agreement with Trolltech covering Qt under the GPL (without that agreement they would have no

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
Karen Hill wrote: I think, of the 500 distributions tracked by DistroWatch, probably 450 of them are in trouble right now per this position., Criminal penalties (costs plus attorney's fees in a civil action aside for a moment), per FSF's own theory of enforcement through cause of action

Re: Mixing Licenses ... any hints needed

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [... Wallace vs IBM et all (plus Trolltech) ...] They got _permission_. The GPL is a grant of IP rights established by the copyright and patent laws, idiot. It's a contract, retard. (The patent license is implied, not express.) - An intellectual property license

Re: Mixing Licenses ... any hints needed

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [...] And download pursuant to GPL is such an arrangement. http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF regards, alexander. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [...] But there are no consensual agreements in case of the GPL because the consent of the recipient is never actually elicited. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [...] Sorry, dak. (Oh dear, I still can't believe that you now realize that Moglen is a bullshit rapper.) You are fantasizing. Again: [... nonsense ...] I'm not. Moglen is a bullshit rapper. - LWN: So, if the kernel is covered solely by the GPL, you would see

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [...] The idea of the FSF is that you get access to the source together with the binaries. That's an idea, but its implementation is totally busted (outside the GNU Republic). Oh dear. Once again: I've got a CD full of GPL'd binaries (and no source code on it at all)

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [...] There is nothing in a carrot that says that a person is not the owner of the carrot. Establishing ownership is a separate process. http://caselaw.lp.findlaw.com/data2/circs/2nd/039303p.pdf What it says is that even under contractual restrictions of statutory

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
David Kastrup wrote: [...] However, nothing else grants you permission to modify AND distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Well, since you are talking about modification AND distribution,

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
Bah, yet another brainwashed GNUtian. Tasty, tasty. peterwn wrote: [... license not a contract ...] Note that Eben Moglen is an Ivy League law professor Risk of disbarment aside for a moment, Eben can disagree with the entire US federal judiciary and professional lawyers hired to defend

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-28 Thread Alexander Terekhov
Apropos preemption... IBM's argument: as is evident from the ProCD case Plaintiff cites, copyrights may be licensed by a uniform contract effective against all who choose to use it. (Response at 6) (citing ProCD, Inc. v. Zeidenberg, 86 F.3d 1447, 1454 (7th Cir.1996).) The court in ProCD held

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-29 Thread Alexander Terekhov
ROFL. Uh. peterwn wrote: Moglen makes extraordinary claims about the GPL, so why doesn't he come forward with the appropriate legal citations? There are not any - no one so far has had the guts to say to Eb - 'see you in court'. Moglen is a J.D. with a Ph.D. in history and not

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-29 Thread Alexander Terekhov
Apropos preemption... Looks like Wallace is going to end up in the Supreme Court with that. -- In addition to statutory preemption, preemption under the Supremacy Clause of the Constitution must be examined. Even if a particular cause of action survives a 301 preemption analysis...it still

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-29 Thread Alexander Terekhov
David Kastrup wrote: [...] Your GPL theories, of course. The very few cases where people indeed go before court in relation to the GPL (instead of settling) end up in ways where you all bristle about how the judges must have been drunk. Uh. Thus far, no court had a chance to address the GPL

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-29 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: Apropos preemption... Looks like Wallace is going to end up in the Supreme Court with that. We'll see about that. Your predictions have not really been too much on the spot. I've predicted that he would go

Re: GPL requirement could have a chilling effect on derivativedistros

2006-06-29 Thread Alexander Terekhov
Stefaan A Eeckels wrote: [...] There is no dispute that section 109 applies to works in digital form. Physical copies of works in a digital format, such as CDs or DVDs, are subject to section 109 in the same way as physical copies in analog form. Similarly, a lawfully made tangible

Re: GPL requirement could have a chilling effect onderivativedistros

2006-06-29 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: Qui, 2006-06-29 Ã s 19:35 +0200, Alexander Terekhov escreveu: Downloading the same program 500 times with the purpose of distributing these copies (and which results in exactly the same situation as if one downloaded once and copied 499 times) would

Re: GPL requirement could have a chilling effect on derivativedistros

2006-06-29 Thread Alexander Terekhov
Alfred M. Szmidt wrote: [...] Yes. If you buy a book, you can sell your copy. That is what first sale is about - the copyright holder can control copying, but once a copy has been sold (lawfully acquired), the copyright holder cannot control what is done with that copy. Yes,

Re: GPL requirement could have a chilling effect on derivativedistros

2006-06-29 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: Stefaan A Eeckels wrote: [...] There is no dispute that section 109 applies to works in digital form. Physical copies of works in a digital format, such as CDs or DVDs, are subject to section 109 in the same way

Re: GPL requirement could have a chilling effect on derivativedistros

2006-06-29 Thread Alexander Terekhov
David Kastrup wrote: [...] I suppose that you look up archive in a dictionary of your choice. Uh, the material preserved. (See also 17 USC 117.) Yes, and a preparatory step for creating a CD can hardly be called a preservational measure. I don't see why. A CD may have a defect and/or

Re: GPL requirement could have a chilling effect onderivativedistros

2006-06-29 Thread Alexander Terekhov
Stefaan A Eeckels wrote: [...] In the case of the purchase of a copy, it should be rather obvious that paying for a single copy does not entitle you to the downloading of as many copies as your bandwidth permits, even if the server doesn't stop That's not what I'm saying. You purchase 500

Re: GPL requirement could have a chilling effect on derivativedistros

2006-06-29 Thread Alexander Terekhov
David Kastrup wrote: [...] Yes, and a preparatory step for creating a CD can hardly be called a preservational measure. I don't see why. Because it is a copy on the way to a CD. But it may not end up on a CD unless I prepare archival copies of it to guard against destruction or

Re: GPL requirement could have a chilling effect on derivative distros

2006-06-30 Thread Alexander Terekhov
Alexander Terekhov wrote: Apropos preemption... Looks like Wallace is going to end up in the Supreme Court with that. Got some inquiries about Wallace's case off-band. Wallace's case QA for dummies: Q: What the fuck ... !? A: The context is property. Intangible intellectual property

Re: GPL requirement could have a chilling effect on derivativedistros

2006-06-30 Thread Alexander Terekhov
Merijn de Weerd wrote: [...] An interesting case happened some time ago here in the Netherlands. A calendar was published that contained for every month a nice reproduction of a painting, all by the same painter (Rien Poortvliet). Someone bought a lot of calendars, cut out the reproductions,

Re: GPL requirement could have a chilling effectonderivativedistros

2006-06-30 Thread Alexander Terekhov
Stefaan A Eeckels wrote: [...] That's not what I'm saying. You purchase 500 copies, not one. You have a choice: 500 CDs in a box, or download-and-burn-yourself. You choose the later. How many times are you going to download? If the ability to circumvent the GPL depends on first sale then

Re: GPL requirement could have a chilling effect on derivativedistros

2006-06-30 Thread Alexander Terekhov
Merijn de Weerd wrote: On 2006-06-30, Alexander Terekhov [EMAIL PROTECTED] wrote: Merijn de Weerd wrote: [...] An interesting case happened some time ago here in the Netherlands. A calendar was published that contained for every month a nice reproduction of a painting, all

Re: Wallace case FAQ for dummies v1.0

2006-07-03 Thread Alexander Terekhov
Wei Mingzhi wrote: I'd recommend dropping the case of Intellectual Property as I don't think this is a strict legalese, just a brainwashing propaganda carried out by some politicians and big companies. Actually even my law teacher (who is a lawyer) admits that writting Intellectual Property

Re: GPL requirement could have a chilling effect on derivativedistros

2006-07-03 Thread Alexander Terekhov
Merijn de Weerd wrote: [...] The full cite is HR 19 januari 1979, NJ 1979, 412 (Hovener/Poortvliet) I noted it got cited in Canada: http://scc.lexum.umontreal.ca/en/2002/2002scc34/2002scc34.html That is really helpful. Thanks. Since it's from 1979, no one has thought to put up an

Re: GPL requirement could have a chillingeffectonderivativedistros

2006-07-03 Thread Alexander Terekhov
Stefaan A Eeckels wrote: [...] Fine, then you can prove you have a lawful copy, and exercise your right of first sale. I've no problem with that. Just don't go and copy that copy on the pretext you're into saving bandwidth. You don't grok it, Eeckels. Suppose I've got a lawful copy. Now I

Wallace case FAQ for dummies v1.5

2006-07-04 Thread Alexander Terekhov
(This is regular posting. Acknowledgments: aim_here2002, Linonut.) Q: Bt. What the fuck ... !? A: The context is property. Intangible intellectual property (rights granted under IP license). IP goods. Property in short. Q: Bt, but according to RMS, intellectual property... is a

Re: Wallace case FAQ for dummies v1.5

2006-07-05 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: Ter, 2006-07-04 Ã s 19:17 +0200, Alexander Terekhov escreveu: Q: Bt, but according to RMS, intellectual property... is a mirage, which appears to have a coherent existence only because the term suggests it does. So bt, what the fuck

Re: Wallace case FAQ for dummies v1.5

2006-07-05 Thread Alexander Terekhov
David Kastrup wrote: [...] Both your delusions and obsessive compulsive behavior are not pretty. Being pretty is not my objective. As for delusions and whatever, care to address the answers given in FAQ (please try to be reasonable and refrain from making misleading statements of law or fact),

Re: NYC LOCAL: Wednesday 5 July 2006 NYCBUG: Alfred Perlstein on Sendmail Hacks

2006-07-05 Thread Alexander Terekhov
[EMAIL PROTECTED] wrote: [...] Alfred Perlstein is the CTO of OKcupid.com, the largest free online dating site. Yeah, right. Just five percent of Internet users pay for online dating [subscriptions], down from six percent last year. The number of paid subscribers is stagnating, said

Re: Wallace case FAQ for dummies v1.5

2006-07-05 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: Qua, 2006-07-05 às 11:16 +0200, Alexander Terekhov escreveu: Rui Miguel Silva Seabra wrote: Ter, 2006-07-04 Ã s 19:17 +0200, Alexander Terekhov escreveu: Q: Bt, but according to RMS, intellectual property... is a mirage, which appears

Re: Wallace case FAQ for dummies v1.5

2006-07-05 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] You refuse to answer this simple question? I merely want to understand you better... Intellectual property is, without question, property. See Stewart v. Abend, 495 U.S. 207, 219 (1990), Ruckelshaus v. Monsanto Co., 467 U.S. 986 (1984), etc. I respect

[RFC] Wallace case FAQ for dummies v1.5 - v1.6

2006-07-05 Thread Alexander Terekhov
Thinking of adding one more Q (and A). Right after Alexander Terekhov wrote: (This is regular posting. Acknowledgments: aim_here2002, Linonut.) Q: Bt. What the fuck ... !? A: The context is property. Intangible intellectual property (rights granted under IP license). IP goods

Re: Wallace case FAQ for dummies v1.5

2006-07-05 Thread Alexander Terekhov
Hello ams! Hey comrade, I need your help. Below is an A, I need a good Q for it (to include in FAQ). Would really appreciate it. TIA. A: GNUtians believe that taking two separate and independent computer program works (separate and independent under copyright law, according to the AFC test) and

Wallace case FAQ for dummies v1.6

2006-07-05 Thread Alexander Terekhov
(This is regular posting. Acknowledgments: aim_here2002, Linonut.) Q: Bt. What the fuck ... !? A: The context is property. Intangible intellectual property (rights granted under IP license). IP goods. Property in short. Q: Bt, but according to RMS, intellectual property... is a

Re: Wallace case FAQ for dummies v1.6

2006-07-06 Thread Alexander Terekhov
Wei Mingzhi wrote: and where distributing software under any license other than the GPL (which is akin to a lottery or other permits from state, and hence it is, of course, not a contract or a property right), or GPL compatible license (but that's for extra regulation fee, I gather),

Wallace case FAQ for dummies v1.7

2006-07-06 Thread Alexander Terekhov
(This is regular posting. Acknowledgments: aim_here2002, Linonut.) Q: Bt. What the fuck ... !? A: The context is property. Intangible intellectual property (rights granted under IP license). IP goods. Property in short. Q: Bt, but according to RMS, intellectual property... is a

Re: Wallace case FAQ for dummies v1.7

2006-07-06 Thread Alexander Terekhov
Linux Counter #80292 wrote: [...] [Followup-To: header set to gnu.misc.discuss.] Ignored. Alexander Terekhov [EMAIL PROTECTED]: (This is regular posting. Acknowledgments: aim_here2002, Linonut.) ... Much to our dismay. A: Lunatic RMS is simply confusing reality with his dreams

Re: Wallace case FAQ for dummies v1.7

2006-07-06 Thread Alexander Terekhov
David Kastrup wrote: [... get a life ...] That's something that Stallman happens to have. http://www.fsf.org/photos/rms-sign.jpg Uh, lunatic. regards, alexander. ___ gnu-misc-discuss mailing list

Wallace case FAQ for dummies v1.9

2006-07-08 Thread Alexander Terekhov
(This is regular posting. Acknowledgments: aim_here2002, Linonut.) Q: Bt. What the fuck ... !? A: The context is property. Intangible intellectual property (rights granted under IP license). IP goods. Property in short. Q: Don't you know that intellectual property doesn't exist under US

Re: GPLv3 comedy unfolding

2006-07-11 Thread Alexander Terekhov
Wei Mingzhi wrote: It is a contract, but one doesn't enter into the GPL contract as long as copying, distribution, and modification doesn't require a license. For example, 17 USC 109 allows distribution and 17 USC 117 allows copying and modification (adaptation). Read it carefully...

Re: GPLv3 comedy unfolding

2006-07-11 Thread Alexander Terekhov
Forgot one thing... Alexander Terekhov wrote: Wei Mingzhi wrote: It is a contract, but one doesn't enter into the GPL contract as long as copying, distribution, and modification doesn't require a license. For example, 17 USC 109 allows distribution and 17 USC 117 allows copying

Re: GPLv3 comedy unfolding

2006-07-11 Thread Alexander Terekhov
Wei Mingzhi wrote: Note that exact copies (not adaptations) made under 17 USC 117 can be distributed along with the copy from which such copies were prepared. Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise

Re: indent problem

2006-07-15 Thread Alexander Terekhov
You made my day today, GNUtian Bader. Miles Bader wrote: silversurfer2025 [EMAIL PROTECTED] writes: so how do I change the code to not put brackets of functions into the next line? ... OK, maybe I'll have to change myself instead of changing the standards which exist.. I just liked

Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

2006-07-18 Thread Alexander Terekhov
Alexander Terekhov wrote: [...] Both courts ruled (and erred) on the issue of injury (standing). It's the same legal situation as with a case asserting patent infringement (for example) filed by someone not owning enforceable rights. Try reading http://www.ll.georgetown.edu/FEDERAL

Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

2006-07-18 Thread Alexander Terekhov
Alexander Terekhov wrote: Alexander Terekhov wrote: [...] Both courts ruled (and erred) on the issue of injury (standing). It's the same legal situation as with a case asserting patent infringement (for example) filed by someone not owning enforceable rights. Try reading http

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

Re: NYC LOCAL: Thursday 20 July through Sunday 23 July 2006 Hackers on Planet Earth 6: RMS, Michael Hart, Jello Biafra, Prometheus Radio, Quantum Syzygies, and More

2006-07-21 Thread Alexander Terekhov
[EMAIL PROTECTED] wrote: [...] RMS will address the fighters now inside HP, Let him know that IBM is trying to establish the 7th Circuit precedent that the GPL is the legal heart of *open source* software. Perhaps he should hurry up and file an amicus (with Eben's help). regards, alexander.

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

2006-07-24 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

2006-07-26 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: Using Creative Commons artwork in GPL application

2006-07-26 Thread Alexander Terekhov
You should GPL not only the artworks, but also your wife and kids. It's a whole, stupid. regards, alexander. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Using Creative Commons artwork in GPL application

2006-07-27 Thread Alexander Terekhov
And disintegral components should be GPL'd as well. He should GPL his grandfather's dead body too. All your base are belong to GNU. regards, alexander. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: GPLv3 comedy unfolding

2006-07-27 Thread Alexander Terekhov
Man oh man. Priceless. http://www.fsf.org/news/gplv3-dd2-released.html The Software Freedom Law Center — chaired by Eben Moglen, one of the world's leading experts on copyright law as applied to software ROFL. regards, alexander. ___

Re: GPLv3 comedy unfolding -- Linus' pay me back in kind

2006-07-28 Thread Alexander Terekhov
DRM Misunderstood Authored by: Anonymous on Thursday, July 27 2006 @ 08:18 PM EDT I tried to explain my own disagreement with the GPLv3 in a number of emails to the linux kernel, but obviously haven't been uniformly successful. And yes (responding both to you, and to another poster), I

Re: GPLv3 comedy unfolding -- Linus' standing

2006-07-28 Thread Alexander Terekhov
(That's what Wallace is lacking according to (drunken in a sense) federal judges Tinder and Young.) DRM Misunderstood Authored by: Anonymous on Friday, July 28 2006 @ 02:11 AM EDT I explain the emotions, because the legal part of the GPLv3 makes no sense what-so-ever if you don't

Re: GPLv3 comedy unfolding -- Linus' standing

2006-07-28 Thread Alexander Terekhov
David Kastrup wrote: [...] Anyway, the author does not understand GPL in either version. The What? Linus doesn't understand the GPL? In either version? How fascinating. author of that diatribe would have his goals fulfilled better by using the BSD license. Recall that Wallace action will

Re: GPLv3 comedy unfolding -- Linus' standing

2006-07-29 Thread Alexander Terekhov
David Kastrup wrote: [...] But it is even more illusionary to think that for some reason, you are the only unappreciated person with intelligence in the universe, and Oh dear dak, recall that I'm a (so to speak) member of Wallace SWAT. That makes us TWO of a kind as you must perceive (at

Re: GPLv3 comedy unfolding -- PJ: we are cheated out of the money we paid Tivo

2006-07-29 Thread Alexander Terekhov
- DRM Misunderstood Authored by: PJ on Friday, July 28 2006 @ 11:26 PM EDT In your explaining it, you yourself say it's silly. It would be silly if they used nonGPL code. Because they are using GPL code to do it, it's a bit worse than silly. And we are saying: Be silly with proprietary code,

Re: GPLv3 comedy unfolding -- Linus: I am the one looking out for users' rights, not the FSF.

2006-07-29 Thread Alexander Terekhov
Linus for President! --- DRM Misunderstood Authored by: Anonymous on Friday, July 28 2006 @ 11:55 PM EDT Forget about that old argument between the two camps. That is so over. Instead please think more about end users, because we are never anybody's priority in the corporate world,

Re: GPLv3 comedy unfolding -- GPLv2 was not worded with the same philosophy

2006-07-29 Thread Alexander Terekhov
- DRM Misunderstood Authored by: Anonymous on Saturday, July 29 2006 @ 12:09 AM EDT I think one reason I hear why Linus is upset is the same reason that I am - GPL 3 is fundamentally different from GPL 2. It is different philosophically, even if the original intent of GPL 2 was closer to the

Re: GPLv3 comedy unfolding -- (Linus' last word) GPLv2 is been upheld in courts around the world (and is worth protecting)

2006-07-29 Thread Alexander Terekhov
-- ..and btw, sorry for being irritable Authored by: Anonymous on Saturday, July 29 2006 @ 01:12 AM EDT I end up being irritable, just because I find the whole GPLv3 discussion extremely frustrating. I'd love to be a lot more constructive in my criticism, but I've gone through all the

Re: GPLv3 comedy unfolding -- Linus, DRM language is truly just a bug-fix, not a new feature

2006-07-29 Thread Alexander Terekhov
(Harold[sic] Welte is a famous German GPL lunatic... anti-globalization activist and all that) - No need to be sorry... Authored by: Arker on Saturday, July 29 2006 @ 05:44 AM EDT The fact is, the GPLv2 has been very successful for fifteen years. Why are you automatically assuming that

Re: GPLv3 comedy unfolding -- Linus, DRM language is truly just a bug-fix, not a new feature

2006-07-29 Thread Alexander Terekhov
Alexander Terekhov wrote: (Harold[sic] Welte BTW, http://gnumonks.org/~laforge/weblog/ Tue, 25 Jul 2006 Travelling to a gpl-violations.org related court hearing tomorrow Tomorrow morning I'll have the pleasure of travelling to Frankfurt, where the first court hearing

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: Wallace's reply brief

2006-08-01 Thread Alexander Terekhov
David Kastrup wrote: [...] This alone is such a hilarious piece of nonsense. Any copyright license applies to all legal recipients of the licensed material. void f(const std::string email_address) { if (email_address == [EMAIL PROTECTED]) throw A_Real_Idiot(David Kastrup); . .

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