Re: Novell-MS Pact: Mono blah-blah

2006-11-13 Thread rjack
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [... GPL _software_ copies ...] But it is a hurdle that one can't blame Easterbrook for. Wallace's claim has absolutely nothing to do with software COPIES (material objects), retard. Who said it

software patents

2006-11-15 Thread rjack
Can someone explain how a copyrighted computer program can infringe a software patent ? 17 USC 102(b) states: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery,

Re: software patents

2006-11-16 Thread rjack
Richard Tobin wrote: In article [EMAIL PROTECTED], rjack [EMAIL PROTECTED] wrote: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which

Re: software patents

2006-11-16 Thread rjack
John Hasler wrote: rjack quotes: For computer programs, _if_ the patentable process is embodied inextricably in the line-by-line instructions of the computer program, [ ] then the process merges with the expression and precludes copyright protection. Note the underlined word. A software

Re: Question to GPL LGPL

2006-11-22 Thread rjack
Rui Miguel Silva Seabra wrote: Qua, 2006-11-22 às 15:05 -0500, rjack escreveu: You should assume that the Free Software Foundation will claim that all of your source code plus your wife and kids, supplemented by the family pets, has been released under the GPL to be used and abused by all who

Re: IBM's interpretation of the GNU GPL contract

2006-11-24 Thread rjack
Alexander Terekhov wrote: http://www.groklaw.net/pdf/IBM-881.pdf (and Linux derivative^Wderived work as whole.) He he. I like footnote 9 about New York law on preambles and other pefatory language in a contract aiding its interpretation. :-) regards, alexander. IBM argues throughout its

Re: IBM's interpretation of the GNU GPL contract

2006-11-24 Thread rjack
Alexander Terekhov wrote: http://www.groklaw.net/pdf/IBM-881.pdf (and Linux derivative^Wderived work as whole.) He he. I like footnote 9 about New York law on preambles and other pefatory language in a contract aiding its interpretation. :-) regards, alexander. IBM submits on p23:

Re: IBM's interpretation of the GNU GPL contract

2006-11-24 Thread rjack
David Kastrup wrote: rjack [EMAIL PROTECTED] writes: IBM submits on p23: Section 2 grants a licensee such as SCO the right to create and distribute derivative works . . . –-- provided that the derived work “as a whole” (which in this case included the Linux Kernel) must be licensed

The GPL is the way to go

2006-11-24 Thread rjack
First: Eben Moglen: Yeh, I also make lawyers, I teach something called Law and The Information Society, I'm not too keen on cyberspace. I'm the general counsel of the Free Software Foundation, and I'm trying to report on the revolution which is destroying intellectual property. Of which I am

Re: gpl licensing

2006-12-03 Thread rjack
Alexander Terekhov wrote: Alfred M. Szmidt wrote: Do you know where could I find a link with a tutorial about GPL licensing? For me official document is very difficult to read, i dont understand anything. Try the GPL FAQ, GNU moron's Torah. Law of Stallman. regards, alexander. P.S. Hey

Re: gpl licensing

2006-12-03 Thread rjack
Rui Miguel Silva Seabra wrote: Dom, 2006-12-03 às 11:27 +, Aragorn escreveu: On Saturday 02 December 2006 13:42, Rui Miguel Silva Seabra stood up and addressed the masses in /gnu.misc.discuss/ as follows...: [...] Oh, and don't pay attention to Alexander, remember this is a GNU

Re: gpl licensing

2006-12-03 Thread rjack
Alfred M. Szmidt wrote: You must be confusing this group with some other group. Free software isn't a economic model. The GPL is a copyright license, that protects users freedom to run, study, improve and distribute software, and has nothing to do with Communism/Capitalism, free software

Re: gpl licensing

2006-12-03 Thread rjack
Rui Miguel Silva Seabra wrote: Dom, 2006-12-03 às 12:26 -0500, rjack escreveu: I'm the general counsel of the Free Software Foundation, and I'm trying to report on the revolution which is destroying intellectual property. Of which I am entirely in favour. http://ciaran.compsoc.com/texts/eben

Re: GPLv3 comedy unfolding -- GPL v3 takes shape in Sydney

2006-12-04 Thread rjack
Alexander Terekhov wrote: http://www.linuxworld.com.au/index.php/id;1950825836;fp;2;fpid;1 - In opening the seminar, the Cyberspace Law and Policy Centre's executive director, David Vaile, said the purpose of the event was not to reach a consensus but to ventilate issues surrounding

Re: GPLv3 comedy unfolding -- GPLv3 would prevent MS/Novell

2006-12-05 Thread rjack
Alexander Terekhov wrote: http://www.builderau.com.au/blogs/betaliving/viewblogpost.htm?p=339270743 - GPLv3 would prevent MS/Novell By Chris Duckett | 2006-12-04 14:07:36 Print this | E-mail this | Leave a comment According to the Free Software Foundation's general counsel, Eben

Re: GPLv3 comedy unfolding -- GPLv3 would prevent MS/Novell

2006-12-05 Thread rjack
Alexander Terekhov wrote: http://www.builderau.com.au/blogs/betaliving/viewblogpost.htm?p=339270743 - GPLv3 would prevent MS/Novell By Chris Duckett | 2006-12-04 14:07:36 Print this | E-mail this | Leave a comment According to the Free Software Foundation's general counsel, Eben

Re: gpl licensing

2006-12-05 Thread rjack
Rui Miguel Silva Seabra wrote: Ter, 2006-12-05 às 22:21 +0100, Stefaan A Eeckels escreveu: On Tue, 05 Dec 2006 14:48:46 + Rui Miguel Silva Seabra [EMAIL PROTECTED] wrote: A government GRANTED and TEMPORARY MONOPOLY right is not property. So land cannot be property by your definition.

Re: gpl as applied to ideas

2006-12-06 Thread rjack
John Hasler wrote: Joseph S. writes: However, I have one problem with GPL: it talks of source code, linking, calling, mixing/combining free/non-free code and finally free/non-free documents. But nobody seems to be talking of concepts, ideas and layouts. For good reason. The GPL is a

Strawmen and Urban Legends

2006-12-17 Thread rjack
The FOSS community has gone to great length to promote the specter of a strawman to be greatly feared -- the computer software patent. It appears that a computer “software patent” is a term that has entered the World without benefit of the federal courts or Congress. A Google search

Re: Strawmen and Urban Legends

2006-12-18 Thread rjack
Alexander Terekhov wrote: Any idea what makes arch legal GNU beagle Eben one of the world's leading experts on copyright law as applied to software, rjack? regards, alexander. -- Don't Buy Harry Potter Books -- http://www.stallman.org Any idea what makes arch legal GNU beagle Eben one

Re: SFLC: a penumbra

2006-12-18 Thread rjack
Alexander Terekhov wrote: Alexander Terekhov wrote: rjack wrote: [...] One must be careful to define Component[] in context. http://www.usdoj.gov/osg/briefs/2006/2pet/6invit/2005-1056.pet.ami.inv.html Although the court of appeals correctly held that software can be a component

Re: SFLC: a penumbra

2006-12-18 Thread rjack
Alexander Terekhov wrote: rjack wrote: [...] Its information content is transferred from disc to disc without a single molecule being transferred—just as the information in this Brief is transferred to a photocopy without a single molecule being transferred. RMS Sorry if it was not clear

Re: SFLC: a penumbra

2006-12-18 Thread rjack
Alexander Terekhov wrote: I find it rather interesing that this recent instance of a penumbra blah-blah filed by the SFLC is basically copy and paste from Eben's SFLC underling Dan of PubPat brief in LabCorp v. Metabolite.

Re: Jurisdiction Penumbra

2006-12-19 Thread rjack
Lee Hollaar wrote: In article [EMAIL PROTECTED] rjack [EMAIL PROTECTED] writes: The application of U.S. Patent Law should properly be restricted to U.S. territorial jurisdictions (importation) unless by International accord. Since the provision in question, 35 USC 271(f) has been a part

Re: Jurisdiction Penumbra

2006-12-20 Thread rjack
rjack wrote: Lee Hollaar wrote: In article [EMAIL PROTECTED] rjack [EMAIL PROTECTED] writes: Lee Hollaar wrote: In article [EMAIL PROTECTED] rjack [EMAIL PROTECTED] writes: The application of U.S. Patent Law should properly be restricted to U.S. territorial jurisdictions (importation

Re: SFLC: a penumbra

2006-12-20 Thread rjack
Alexander Terekhov wrote: [http://www.softwarefreedom.org/publications/msvatt.pdf] Toward the end, arch legal GNU beagle Eben eloquently states: Thus, this Court's precedent repeatedly sets out that software, which is nothing more than a set of instructions -- an algorithm -- to be performed

Re: GPLv3 comedy unfolding -- linking in the GNU Republic

2007-05-24 Thread rjack
, but because she doesn't have any right to act at all except as the license permits. http://www.gnu.org/philosophy/enforcing-gpl.html With legal acumen honed to this exceptional degree, his pronouncements should be taken very seriously. rjack ___ gnu-misc

Re: GPLv3 comedy unfolding -- Microsoft Patents FUD Report: Who is Actually Slinging it?

2007-05-25 Thread rjack
expression itself in certain circumstances. Codified at 17 U. S. C. §107, the defense provides: . . .”, Eldred V. Ashcroft, 537 U.S. 186 (2003). The GPL3's patent-busting abilities are a figment of Moglen's fertile imagination. rjack ___ gnu-misc-discuss

Re: GPLv3 comedy unfolding -- Microsoft Patents FUD Report: Who is Actually Slinging it?

2007-05-25 Thread rjack
Lee Hollaar wrote: In article [EMAIL PROTECTED] [EMAIL PROTECTED] writes: Lee Hollaar wrote: In article [EMAIL PROTECTED] rjack [EMAIL PROTECTED] writes: What is utterly laughable is the fact that a purported copyright license like the GPL3 *cannot* effect matters concerning patents

The many ways confusion

2007-05-25 Thread rjack
If there is a single way (or maybe a very, very limited way) of expressing an idea, it is said that the idea and the expression have merged and therefore the expression is not protectable by copyright. That has nothing to do with whether there is a patent that covers a method that can be

GNU FUD

2007-05-25 Thread rjack
patents and computer programming. Their efforts amount to nothing more than one great SPAM conspiracy in the open source world. Sadly, it amazing how many people like Bruce Perens spew GPL3 nonsense concerning patents. rjack ___ gnu-misc-discuss

Re: GNU FUD

2007-05-26 Thread rjack
Rui Miguel Silva Seabra wrote: Your credibility was ruined long ago, and is only gone even deeper by faking your email in order to get spam-bots onto my mail server. STOP FAKING YOUR FROM ADDRESS You DO NOT come from com.1407.org Rui The address [EMAIL PROTECTED] is faked to prevent GNU

Re: GNU FUD

2007-05-26 Thread rjack
Rui Miguel Silva Seabra wrote: Sáb, 2007-05-26 às 11:27 -0500, John Hasler escreveu: I see From: rjack [EMAIL PROTECTED] reading via Usenet. If I was receiving the mailing list I would see From: [EMAIL PROTECTED] but I would not be disturbed because I know how my email software works. My

Re: GPLv3 comedy unfolding -- Eben Moglen predicts broad embrace of GPL 3

2007-05-26 Thread rjack
. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: GPLv3 comedy unfolding -- Eben Moglen predicts broad embrace of GPL 3

2007-05-26 Thread rjack
. contract to perpetrate or induce a tort (GPL3) rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: GPLv3 comedy unfolding -- Eben Moglen predicts broad embrace of GPL 3

2007-05-26 Thread rjack
in house intelligence bureau Tuesday described President Bush's nominee for United Nations ambassador as a quintessential kiss-up, kick-down sort of guy whose attempt to intimidate a mid-level analyst raises real questions about his suitability for high office. rjack

Re: GPLv3 comedy unfolding -- Eben Moglen predicts broad embrace of GPL 3

2007-05-26 Thread rjack
David Kastrup wrote: rjack [EMAIL PROTECTED] writes: John Hasler wrote: David Kastrup writes: An illegal document? Well, I've heard quite a few weird attacks on the GPL, but this is the first time I see someone suspecting it to be pornography or similar. Well, the doofuses at SCO claimed

Re: Did I finally figure out the rationale?

2007-05-29 Thread rjack
rjack wrote: Alexander Terekhov wrote: Rui Miguel Silva Seabra wrote: [...] Contracts fall into contract law. Copyright licenses fall into copyright law. Repeating Moglen's idiocy doesn't make it less idiocy. Copyright law establishes property rights. Licensing of that property fall

The death of copyright in software

2007-05-30 Thread rjack
The seminal decision “Lexmark International, Inc. v. Static Control Components, Inc., 387 F.3d 522 (6th Cir. 2004)” reveals the over-reach of Linux operating system authors when claiming GPL license control over most of the functional source code contained in the Linux operating system. Likewise

Re: GPLv3 comedy unfolding -- Varghese: is the FSF about to pardon Novell?

2007-05-31 Thread rjack
Alexander Terekhov wrote: http://www.itwire.com.au/content/view/12554/1090/ -- is the FSF about to pardon Novell? By Sam Varghese Thursday, 31 May 2007 Has the Free Software Foundation, like many others, chosen the path of least resistance and decided to bend with the

Re: The death of copyright in software

2007-05-31 Thread rjack
Stefaan A Eeckels wrote: On Wed, 30 May 2007 13:51:34 -0500 rjack [EMAIL PROTECTED] wrote: You can write a POSIX compliant shell that shares not one line of code with another POSIX compliant shell. You can write a C++ compiler that is structurally completely different from another C

Re: The death of copyright in software

2007-06-02 Thread rjack
.”); Lexmark International, Inc. v. Static Control Components, Inc., 387F.3d 522 (6th Cir. 2004). And then claimed ... a program performs the same well-defined function as another program... obtains copyright protection? rjack ___ gnu-misc-discuss mailing

Re: The death of copyright in software

2007-06-03 Thread rjack
Stefaan A Eeckels wrote: On Sat, 02 Jun 2007 20:04:19 -0500 rjack [EMAIL PROTECTED] wrote: Would you maintain that both versions were identical after applying trivial obfuscation? I never claimed any such thing. Here's part of my initial post in this thread

Re: GPLv3 comedy unfolding -- Bentley: Here We Go Again: Microsoft Inks Deal with Xandros

2007-06-05 Thread rjack
of Microsoft. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

It's all context

2007-06-06 Thread rjack
end unless these projects seek out a corporate patent sugar daddy to protect them. Microsoft is TERRIFIED of the thought of software patents in the hands of the little guy. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

Re: GPLv3 comedy unfolding -- InformationWeek: Pick Your Open Source Poison: Microsoft's Patent Claims Or GPLv3

2007-06-11 Thread rjack
infanticide. Evil. Evil. Evil. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: GPLv3 comedy unfolding -- INQUIRER: Torvalds remains unconvinced by GPL3

2007-06-12 Thread rjack
to three years of protection. Innovation might truly be spurred in computer software. rjack protection ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: GPLv3 comedy unfolding -- Landley: Not Going There (tm) (re 'license' vs 'contract')

2007-06-16 Thread rjack
in a poorly drafted copyright license. A scope limiting term is generally defined as a term that would violate copyrights in the absence of any license at all. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman

GPL legal smoke

2007-06-16 Thread rjack
material without paying the customary price.” Id. “[[A] use that has no demonstrable effect upon the potential market for, or the value of, the copyrighted work need not be prohibited in order to protect the author’s incentive to create.”) rjack

FSF successful blather

2007-06-19 Thread rjack
, the wife, the kids and the family pet, let commercial developers stew in their own pot for believing GPL nonsense. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Software Patents

2007-06-20 Thread rjack
not be patented in isolation but only claimed when incorporated as a step in conjunction with other claims to form a truly patentable process. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc

Re: Software Patents

2007-06-21 Thread rjack
' -- depending upon which court you ask. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Are Microsoft’s patent lawyers really this dumb?

2007-07-08 Thread rjack
You have to admit it. Microsoft's lawyers are real morons. Just think about it. They are probably making $250,000 a year. The top tax bracket is 37.6 percent. Now you have to assume since they are really stupid that they don't know about tax shelters and the like. So that leaves them paying

Re: Are Microsoft’s patent lawyers really this dumb?

2007-07-08 Thread rjack
rjack wrote: You have to admit it. Microsoft's lawyers are real morons. Just think about it. They are probably making $250,000 a year. The top tax bracket is 37.6 percent. Now you have to assume since they are really stupid that they don't know about tax shelters and the like. So that leaves

Re: Is it OK to use my rewritten GNU program commercially?

2007-07-18 Thread rjack
also become GPL licensed works. Such is the power of the GPL, only a shaman from the Ug!atia tribe of southern Ethiopia can undo its control over you. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu

Re: Open source licenses are /actually/ contracts?!?

2007-08-26 Thread rjack
not being a contract are just that -- legal nonsense. rjack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Knotty panties and the GPL

2007-08-26 Thread rjack
If you think the model train decision tied open source supporters panties in a knot, just wait until they realize the impact of the First Circuit's decision in: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2237.01A rjack ___ gnu-misc

SFLC chooses wrong court

2007-09-22 Thread rjack
The SFLC is using threats of copyright infringement prosecution under the GPL as a tactical matter to force Monsoon Multimedia to comply with a contractual covenant.The SFLC will never allow a federal court to examine the GPL on its merits. If the suit goes forward (which I seriously doubt) the

The GPL and contract rescission

2007-09-26 Thread rjack
The original licensors of GPL’d BusyBox software have no standing to sue for material breach of the GPL license. The SFLC complaint drafted against Monsoon Media claims in part: “8. Under the License, Plaintiffs grant certain permissions to other parties to copy, modify and redistribute

Re: SFLC chooses wrong court

2007-09-27 Thread rjack
Tim Smith wrote: In article [EMAIL PROTECTED], rjack [EMAIL PROTECTED] wrote: Failing to distribute source code is a contract breach and not a violation of a work's permitted use under copyright law. There is obviously no provision under U.S. copyright law to *force* a party who has

Re: SFLC chooses wrong court

2007-09-28 Thread rjack
Alexander Terekhov wrote: Tim Smith wrote: In article [EMAIL PROTECTED], rjack [EMAIL PROTECTED] wrote: Failing to distribute source code is a contract breach and not a violation of a work's permitted use under copyright law. There is obviously no provision under U.S. copyright law

Re: SFLC chooses wrong court

2007-09-28 Thread rjack
Rui Miguel Silva Seabra wrote: On Fri, Sep 28, 2007 at 01:38:58PM +0200, Alexander Terekhov wrote: were widely touted as proof of its efficacy. One of these days someone who is anti-GPL will find it advantageous enough to finally swat that annoyance. You mean, like Daniel anti-GPL lunatic

Re: SFLC chooses wrong court

2007-10-01 Thread rjack
Alfred M. Szmidt wrote: You sure aren't any better, all one sees from you is infact the same stupid garbage as from Terekhov and rjack. Please just stop responding to the trolls. Please just stop responding to the trolls. That's why email clients have kill-filters. Terekov and rjack

Re: License that converts to GPL after a specified amount of time

2007-10-09 Thread rjack
Kenneth P. Turvey wrote: I'm looking for examples of software licenses that allow the end user to redistribute copies under the GPL after a specified amount of time has passed. I think that Ghostscript used to be licensed like this, but I can't seem to locate the old license. Does anyone have

Re: License that converts to GPL after a specified amount of time

2007-10-11 Thread rjack
mike3 wrote: So does this mean the author cannot authorize the user to do something else without giving up ownership? That is correct. 17 USC sec. 106 states: Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of

Re: GPL question

2007-10-12 Thread rjack
Mike Cox wrote: Where can I find this GNU GPL FAQ? Is it normative? Legaly binding? http://www.gnu.org/licenses/gpl-faq.html It is legally binding in all courts exercising jurisdiction under the the authority of the GNU Republic. Again, is mere dynamic linking the same as incorporating

Richard Stallman will love the Seventh Circuit

2007-10-12 Thread rjack
From the United States Court of Appeals for the Seventh Circuit: “Although the United States Copyright Act, ... grants exclusive jurisdiction for infringement claims to the federal courts, those courts construe copyrights as contracts and turn to the relevant state law to interpret them. Kennedy

Re: Help to pick a license for my free source code project

2007-10-15 Thread rjack
John Hasler wrote: KomsBomb writes: 2, The source code can't be used in commercial program. That's to say, the source code can't be used to make any profit in both source code or binary form. Then it isn't Free Software and so you are off-topic here. Since the GPL is unenforceable under US

Re: Help to pick a license for my free source code project

2007-10-15 Thread rjack
Rui Miguel Silva Seabra wrote: On Mon, Oct 15, 2007 at 11:20:20AM -0400, rjack wrote: John Hasler wrote: KomsBomb writes: 2, The source code can't be used in commercial program. That's to say, the source code can't be used to make any profit in both source code or binary form. Then it isn't

Re: Help to pick a license for my free source code project

2007-10-16 Thread rjack
Rui Miguel Silva Seabra wrote: On Mon, Oct 15, 2007 at 07:42:53PM -0400, rjack wrote: Eben then further states: “In the case of the GPL, no one is bound to anything in particular unless she redistributes the software, modified or unmodified.” This is *not* true. No one can be bound

Re: GPL question

2007-10-17 Thread rjack
Mike Cox wrote: On Oct 14, 3:08 am, John Hasler [EMAIL PROTECTED] wrote: [bah, google groups seems broken] Mike Cox writes: In a previous reply, rjack says that according to copyright law (1) is legal too unless contractually prohibited but he also seems to think the GPL is not a contract so

Re: GPL question

2007-10-18 Thread rjack
Alexander Terekhov wrote: Note that the GPLv2 does not acknowledge First Sale when it states However, nothing else grants you permission to modify or distribute the Program or its derivative works. The GPL (and Herr Professor Moglen) is attempting to redefine what a condition means with

Re: GPL question

2007-10-19 Thread rjack
Alexander Terekhov wrote: rjack wrote: Alexander Terekhov wrote: I hope than Monsoon folks will take an opportunity to trash Moglen's nonsensical GNU legal theory myths in federal court. The GPL myth gives rise to another problem. That problem is legal standing. A license such as the GPL

Re: Monsoon settles: complies with GPL, pays undisclosed sum

2007-10-30 Thread rjack
Geza Giedke wrote: The case of GPL-violation by Monsoon Multimedia that was discussed here recently has been settled out of court. So what's new? On 21 Sept I stated: The SFLC is using threats of copyright infringement prosecution under the GPL as a tactical matter to force Monsoon

Re: Monsoon settles: complies with GPL, pays undisclosed sum

2007-10-31 Thread rjack
Richard Tobin wrote: In article [EMAIL PROTECTED], rjack [EMAIL PROTECTED] wrote: The GPL is D.O.A. under a F.R.Civ.P. Rule 12 Motion to Dismiss in a US federal court. Seems to work though, doesn't it? -- Richard The GPL and Linux keeps Micro$oft out of hot water with the Antitrust

Re: Monsoon settles: complies with GPL, pays undisclosed sum

2007-10-31 Thread rjack
Richard Tobin wrote: In article [EMAIL PROTECTED], rjack [EMAIL PROTECTED] wrote: The GPL and Linux keeps Micro$oft out of hot water with the Antitrust Division of the U.S. Department of Justice. Empowering Micro$oft to maintain its hegemony in the U.S. software market without D.O.J

The death of the GPL and Free Software

2007-11-06 Thread rjack
Google just announced the end of the GPL and the Free Software Foundation's viral FUD. http://blogs.zdnet.com/Burnette/?p=428 I wonder what Eben Moglen thinks now that the excellent Apache 2.0 license was chosen by Google to end the GPL-Linux blather.

Re: GPLv3 comedy unfolding -- FSF: A Quick Guide to GPLv3

2007-11-10 Thread rjack
James White wrote: I'm sorry, but I just couldn't read much past this totally asinine statement: Nobody should be able to stop you from writing any code that want, ***and GPLv3 protects this right for you***. When were the GPL folks given the right to write and establish what IS the LAW?

Re: GPLv3 comedy unfolding -- FSF: A Quick Guide to GPLv3

2007-11-12 Thread rjack
James White wrote: The most relevant 2 paragraphs, since you apparently weren't even able to read that far. Neutralizing Laws That Prohibit Free Software - But Not Forbidding DRMYou're probably familiar with the Digital Restrictions Management (DRM) on DVDs and other media. You're probably also

Richard Who?

2007-11-16 Thread rjack
Microsoft's general manager of Windows Server marketing and platform strategy Bill Hilf and InformationWeek: InformationWeek: In order to participate in communities like that, how do you cut through the muddle of the Richard Stallmans of the world and overcome the popular resistance, and

SFLC files 2nd intimidation suit

2007-11-20 Thread rjack
The SFLC has filed an infringement suit captioned “ERIK ANDERSEN, an individual, and ROB LANDLEY, an individual v. HIGH-GAIN ANTENNAS, L.L.C.” http://www.softwarefreedom.org/news/2007/nov/20/busybox/highgainantennas.pdf The SFLC alleged in the complaint in part: 8. Under the License,

Re: SFLC files 2nd intimidation suit

2007-11-21 Thread rjack
Alexander Terekhov wrote: If either case filed is heard before a judge, it would be the first time that a GPL infringement lawsuit has gone to trial in the U.S. The SFLC will NEVER, NEVER allow their bluff to be called by going to trial. If they did, the Court (perhaps sua sponte) would

Re: SFLC files 2nd intimidation suit

2007-11-21 Thread rjack
Alexander Terekhov wrote: http://www.softwarefreedom.org/news/2007/nov/20/busybox/xterasys.pdf (SFLC's COMPLAINT) Plaintiffs’ copyrights are ... LOL. Adopted as sig. regards, alexander. -- Plaintiffs’ copyrights are unique and valuable property whose market value is impossible to assess

Re: SFLC files 2nd intimidation suit

2007-11-24 Thread rjack
Tim Smith wrote: On 2007-11-21, rjack [EMAIL PROTECTED] wrote: The designated donee beneficiaries of the GPL are obviously all third parties. Clearly the plaintiffs are parties to the GPL contract and cannot be a member of the class all third parties. Therefore the plaintiffs can suffer

Re: SFLC files 2nd intimidation suit

2007-11-26 Thread rjack
Tim Smith wrote: On 2007-11-24, rjack [EMAIL PROTECTED] wrote: Tim Smith wrote: On 2007-11-21, rjack [EMAIL PROTECTED] wrote: The designated donee beneficiaries of the GPL are obviously all third parties. Clearly the plaintiffs are parties to the GPL contract and cannot be a member

Re: SFLC files 2nd intimidation suit

2007-11-26 Thread rjack
Alexander Terekhov wrote: See also: http://jmri.sourceforge.net/k/docket/158.pdf (Artistic License is a contract) the Court finds that Plaintiff's claim properly sounds in contract The Court ruled in the JMRI case (supra): Although the state claims are subject to dismissal on the merits

Re: GNU/Linux Naming

2007-12-05 Thread rjack
mike3 wrote: On Dec 5, 6:57 am, David Kastrup [EMAIL PROTECTED] wrote: Noah Slater [EMAIL PROTECTED] writes: On 05/12/2007, David Kastrup [EMAIL PROTECTED] wrote: I think it is enough to feed the trolls with a reference. I don't think OP was trolling. Look up his posting history in this

Re: SFLC files 2nd intimidation suit

2007-12-07 Thread rjack
mike3 wrote: On Nov 24, 9:19 am, rjack [EMAIL PROTECTED] wrote: Tim Smith wrote: On 2007-11-21, rjack [EMAIL PROTECTED] wrote: The designated donee beneficiaries of the GPL are obviously all third parties. Clearly the plaintiffs are parties to the GPL contract and cannot be a member

Re: GNU/Linux Naming

2007-12-07 Thread rjack
Alfred M. Szmidt wrote: Hmm, so does this mean that the reason why GNU deserves credit in the _name_ and not somewhere else is because GNU's contribution is so significant -- they pretty much built most of the rest of the system? The GNU project deserves credit not only because the

Re: SFLC's GPL court enforcement -- track record

2007-12-08 Thread rjack
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] So what reasons do you assume for the many GPL cases that get settled out of court for defendants with big pockets and plaintiffs with small ones? The notion of suing people to force them to publish

Re: SFLC's GPL court enforcement -- track record

2007-12-08 Thread rjack
Arnoud Engelfriet wrote: On 2007-12-08, Bruce Lewis [EMAIL PROTECTED] wrote: The GPL's track record has been and continues to be 100% enforceable. I've never seen a US case involving the GPL come to a verdict. Of course there are the German cases, but given the different legal system you

Re: SFLC's GPL court enforcement -- track record

2007-12-08 Thread rjack
John Hasler wrote: Alexander Terekhov writes: There are many reasons why defendants prefer to settle even if they believe that their lawyers will win in court. David Kastrup wrote: Most involving deep pockets and continued litigation. Often the defense convinces the plaintiff that if they

Re: SFLC's GPL court enforcement -- track record

2007-12-08 Thread rjack
Alexander Terekhov wrote: rjack wrote:. . . BTW, on Groklaw, for the brief time, there was a reply to PJ's comment. . . and now it's been censored out. Amazing. PJ, although pretending that she is a journalist is simply a party propagandist for the Free Software Foundation. When

Re: SFLC's GPL court enforcement -- track record

2007-12-08 Thread rjack
Noah Slater wrote: On Sat, Dec 08, 2007 at 11:03:56PM +0100, Alexander Terekhov wrote: http://scofacts.org/groklaw.html Not a single mention of the FSF. http://linux-blog.org/index.php?/archives/29-Groklaw-and-Censorship.html Likewise. You don't need to mention the Free Software

Re: SFLC's GPL court enforcement -- track record

2007-12-08 Thread rjack
Noah Slater wrote: On Sat, Dec 08, 2007 at 07:10:41PM -0500, rjack wrote: You don't need to mention the Free Software Foundation to be a propagandist for them. Simply promoting the GPL and glorifying the crackpot idea of copyleft is sufficient. Why are you on this mailing list? Why did

Re: SFLC's GPL court enforcement -- track record

2007-12-08 Thread rjack
John Hasler wrote: Noah Slater writes: Why are you on this mailing list? He's a troll. He evidently enjoys insulting people. Just ah' trollin' along singin' ah' song day by day. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC's GPL court enforcement -- track record

2007-12-09 Thread rjack
Noah Slater wrote: On Sat, Dec 08, 2007 at 08:29:12PM -0500, rjack wrote: Why did the duck cross the road? To troll the mailing list, evidently. Nope. He was tied to the chicken. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

Re: SFLC's GPL court enforcement -- track record

2007-12-10 Thread rjack
you suppose Eben Moglen is related to George Bush? regards, rjack --- Although the United States Copyright Act, 17 U.S.C. §§ 101-1332, grants exclusive jurisdiction for infringement claims to the federal courts, those courts construe copyrights as contracts and turn to the relevant state law

Re: Getting rid of software patents = All software becomes free?

2007-12-11 Thread rjack
something developed with Microsoft’s visual studio MS-###. I understand the people who made Linux possible by building GCC deserve credit and I accept that, but only to an extent. Sincerely, rjack --- Although the United States Copyright Act, 17 U.S.C. §§ 101-1332, grants exclusive jurisdiction

Re: Troll naming

2007-12-11 Thread rjack
under the definition of trolling. What delicious self-referential irony. Trollers and trollees alike entwined in an orgasmic, communicative and collaborative embrace. Regards, rjack --- Although the United States Copyright Act, 17 U.S.C. §§ 101-1332, grants exclusive jurisdiction for infringement

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