Re: Intellectual Property II

2006-02-16 Thread Alexander Terekhov
Alexander Terekhov wrote: [...] http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html -- This would not be a presentation about the GPL by me if emphasis was not placed on what you see before you now. This license is Not a Contract. You are not required to accept this License

Re: Intellectual Property II

2006-02-16 Thread Alexander Terekhov
http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html Because the deterrent effect of denying the right to have and use and distribute free software is not enough in and of itself to break most patent aggression schemes. Where we have satisfied ourself that narrow targeted patent

Re: Intellectual Property II

2006-02-13 Thread Alexander Terekhov
David Kastrup wrote: [...] Uh, you are being confused. Learn to follow the links, dak. I'm not the author. Kevin Hall is the author. regards, alexander. ___ Gnu-misc-discuss mailing list Gnu-misc-discuss@gnu.org

Re: Intellectual Property II

2006-02-13 Thread Alexander Terekhov
Alexander Terekhov wrote: [...] http://www.theregister.co.uk/2006/02/12/linux_gpl30_letters/ Regarding - Since when has he felt like that. Last time I remembered, the kernel people (including Linus) were real big on being the superior software Gods. Isn't that why we can't have binary

Re: Intellectual Property II

2006-02-13 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] Uh, you are being confused. Learn to follow the links, dak. I'm not the author. Kevin Hall is the author. So you disagree with him and still quite him? -- David Kastrup, Kriemhildstr. 15, 44793 Bochum

Re: Intellectual Property II

2006-02-13 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] Uh, you are being confused. Learn to follow the links, dak. I'm not the author. Kevin Hall is the author. So you disagree with him and still quite him? I partly agree with him. I mean

Re: Intellectual Property II

2006-02-13 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] Uh, you are being confused. Learn to follow the links, dak. I'm not the author. Kevin Hall is the author. So you disagree with him and

Re: Intellectual Property II

2006-02-13 Thread Alexander Terekhov
David Kastrup wrote: [...] Then it does not make sense that you just throw in a quote as your sole contribution. Yet another malfunction of dak's sense barometer. NAD. WAD. regards, alexander. ___ Gnu-misc-discuss mailing list

Re: Intellectual Property II

2006-02-12 Thread Isaac
On Sat, 11 Feb 2006 23:27:50 +0100, Alexander Terekhov [EMAIL PROTECTED] wrote: Isaac wrote: [...] It's not a mistake. Preaching the gospel of first sale according to Alexander appears to be a life mission. http://groups.google.com/group/gnu.misc.discuss/msg/e123816845315e68 quote

Re: Intellectual Property II

2006-02-11 Thread Isaac
On Fri, 10 Feb 2006 22:00:56 -0600, John Hasler [EMAIL PROTECTED] wrote: Isaac writes: 17 USC 117 is a limitation on the copyright holders rights that allows an owner of a copy of software to make copies necessary to install and run software without having any permission from the copyright

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
Isaac wrote: [...] I believe that I could were a court to recognize that I owned the copy of software rather than having license it. Courts in the US don't seem to recognize such a thing. Other courts have reached the same conclusion: software is sold and not licensed.

Re: Intellectual Property II

2006-02-11 Thread Isaac
On Sat, 11 Feb 2006 16:10:17 +0100, Alexander Terekhov [EMAIL PROTECTED] wrote: Isaac wrote: [...] I believe that I could were a court to recognize that I owned the copy of software rather than having license it. Courts in the US don't seem to recognize such a thing. Other courts have

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
Isaac wrote: [...] While it's true that some courts have decided that, the majority position seems to be otherwise. I'm not sure which court decision that line is from, but I suspect we can find decisions from other district courts in CA contrary to this one. Regarding 17 USC 117, take also

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: As for installing on multiple computers, I think that it's totally OK. For example, I can install it on a computer at my home and on another computer at my dacha. The key is

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] Nope. It gives you additional rights depending on conditions. You can accept the conditions and make use of the rights, or you can leave it be. No contract. There is no obligation to accept the conditions.

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
David Kastrup wrote: [...] Nope. It gives you additional rights depending on conditions. You can accept the conditions and make use of the rights, or you can leave it be. No contract. There is no obligation to accept the conditions. ^^^ Your ignorance works against you,

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
David Kastrup wrote: [...] What breach? Distribution of authorized copies fall under first sale. Sure, but there has been no unconditional authorization. So we are talking about distribution of unauthorized copies. The act of distribution doesn't turn authorized copies into

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] What breach? Distribution of authorized copies fall under first sale. Sure, but there has been no unconditional authorization. So we are talking about distribution of unauthorized copies. The act of distribution

Re: Intellectual Property II

2006-02-11 Thread Isaac
On Sat, 11 Feb 2006 23:03:02 +0100, David Kastrup [EMAIL PROTECTED] wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] What breach? Distribution of authorized copies fall under first sale. Sure, but there has been no unconditional authorization. So we are

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
Isaac wrote: [...] It's not a mistake. Preaching the gospel of first sale according to Alexander appears to be a life mission. http://groups.google.com/group/gnu.misc.discuss/msg/e123816845315e68 quote authors=Jeffrey Siegal, Isaac What about the first sale doctrine? Indeed, if users own

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] Conditional authorization does not magically turn into unconditional authorization. A promise on my part to forbear from distribution right under first sale and instead do what you decree is a covenant, not a

Re: Intellectual Property II

2006-02-10 Thread Rui Miguel Silva Seabra
On Thu, 2006-02-09 at 19:18 +0100, Alexander Terekhov wrote: Wallace on predatory pricing: --- Predatory pricing The GPL establishes a predatory pricing scheme. Setting the maximum price of intellectual property at “no charge” removes all motive to compete. Error no.1: it's not

Re: Intellectual Property II

2006-02-10 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] Error no.1: it's not intellectual property but copyright that's being discussed Copyright is a form of property which, like physical property, can be bought or sold, inherited, licensed or otherwise transferred, wholly or in part. Accordingly, some or all

Re: Intellectual Property II

2006-02-10 Thread Rui Miguel Silva Seabra
On Fri, 2006-02-10 at 11:41 +0100, Alexander Terekhov wrote: Rui Miguel Silva Seabra wrote: [...] Error no.1: it's not intellectual property but copyright that's being discussed Copyright is a form of property No. It is an artificial government granted temporary monopoly over a work.

Re: Intellectual Property II

2006-02-10 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: On Fri, 2006-02-10 at 11:41 +0100, Alexander Terekhov wrote: Rui Miguel Silva Seabra wrote: [...] Error no.1: it's not intellectual property but copyright that's being discussed Copyright is a form of property No. It is an artificial government

Re: Intellectual Property II

2006-02-10 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] Copyright is a monopoly over the distribution of a work All property rights imply some form of ownership (monopoly in GNU speak) on enjoyment and exploitation of property. But distribution right is severely limited by first sale (which is nonexistent in

Re: Intellectual Property II

2006-02-10 Thread John Hasler
I wrote: US copyright law does not allow installation on more than one computer at a time without permission of the copyright owner. Isaac writes: What provision of US copyright law says this? Title 17 Chapter 1 § 106 (1) I don't see such a limit in 17 USC 117. § 117 is a limitation on

Re: Intellectual Property II

2006-02-10 Thread Rui Miguel Silva Seabra
On Fri, 2006-02-10 at 14:19 +0100, Alexander Terekhov wrote: Rui Miguel Silva Seabra wrote: [...] Copyright is a monopoly over the distribution of a work All property rights imply some form of ownership (monopoly in GNU speak) on enjoyment and exploitation of property. But copyright

Re: Intellectual Property II

2006-02-10 Thread Rui Miguel Silva Seabra
On Fri, 2006-02-10 at 16:52 +0100, Alexander Terekhov wrote: Rui Miguel Silva Seabra wrote: [... monopoly ...] William M. Landes and Richard Posner: - A property right is a legally enforceable power to exclude others from using a resource, without need to contract with them. So if

Re: Intellectual Property II

2006-02-10 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: On Fri, 2006-02-10 at 16:52 +0100, Alexander Terekhov wrote: Rui Miguel Silva Seabra wrote: [... monopoly ...] William M. Landes and Richard Posner: - A property right is a legally enforceable power to exclude others from using a resource,

Re: Intellectual Property II

2006-02-09 Thread Alexander Terekhov
Wallace on predatory pricing: --- Predatory pricing The GPL establishes a predatory pricing scheme. Setting the maximum price of intellectual property at “no charge” removes all motive to compete. The Supreme Court has analyzed predatory pricing in a Sherman Act § 1 civil action: “…[T]his is

Re: Intellectual Property II

2006-02-09 Thread Alexander Terekhov
Wallace concludes: --- Conclusion The plaintiff Daniel Wallace in his Complaint has directly or inferentially alleged that the defendants have: (1) used an express contractual agreement to conspire with named co-conspirators and; (2) engaged in an unreasonable restraint of trade by pooling

Re: Intellectual Property II

2006-02-08 Thread Alexander Terekhov
German GNUtian dak didn't answer yes or no question regarding Welte attorneys (the gang at ifross) wild fantasies that the GPL is a contract coupled with AGB based on German concept of conditions subsequent. David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup

Re: Intellectual Property II

2006-02-08 Thread Alexander Terekhov
Hey dak, have some fun. The gang at ifross in action. http://www.heise.de/ct/06/04/046/ For English-only readers: http://babelfish.altavista.com/babelfish/trurl_pagecontent?lp=de_entrurl=http://www.heise.de/ct/06/04/046/ - GPLv3 - Legislation in contract form [...] Penetration in danger?

Re: Intellectual Property II

2006-02-07 Thread Alexander Terekhov
Alexander Terekhov wrote: [...] Moglen: In all good faith, I can't tell you. If the kernel were pure GPL in its license terms, the answer...would be: You couldn't link proprietary video drivers into it whether dynamically or statically, and you couldn't link drivers which were proprietary in

Re: Intellectual Property II

2006-02-07 Thread Rahul Dhesi
Alexander Terekhov [EMAIL PROTECTED] is at it again: [ 8 + 39 lines of quoted content ] [ 2 meaningless lines of original content ] Do we see a pattern here? We have here a person who pokes around apparently all day, every day, on Google, finds stuff and repeatedly reposts it into

Re: Intellectual Property II

2006-02-07 Thread Alexander Terekhov
Rahul Dhesi wrote: Alexander Terekhov [EMAIL PROTECTED] is at it again: [ 8 + 39 lines of quoted content ] [ 2 meaningless lines of original content ] Hey Rahul, but the most charming piece regarding GNUtian legal system from you is this:

Re: Intellectual Property II

2006-02-07 Thread Rui Miguel Silva Seabra
On Tue, 2006-02-07 at 18:28 +0100, Alexander Terekhov wrote: - When you get GNU software by anonymous ftp, *there is no contract* and you have no legal right to use it. You are granted rights by the GPL that you did not have, but these are not legal rights, because you cannot enter into

Re: Intellectual Property II

2006-02-07 Thread Rahul Dhesi
Alexander Terekhov [EMAIL PROTECTED] writes: Alexander Terekhov [EMAIL PROTECTED] is at it again: [ 8 + 39 lines of quoted content ] [ 2 meaningless lines of original content ] And he follows up with 48 more lines of quoted content! Does anybody remember the zumabot? We seem to have a

Re: Intellectual Property II

2006-02-07 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] http://groups.google.com/group/comp.sources.d/msg/3c633bf50d950b8c (early Rahul Dhesi, before he was brainwashed by GNU) You mean that people can't know better and learn in almost 20 years? Know better what? The FSF hired lawyers are telling to the

Re: Intellectual Property II

2006-02-07 Thread Alexander Terekhov
Just to stress... Alexander Terekhov wrote: [...] http://lwn.net/Articles/147070/ LWN: A while back, you said something about getting an answer from Linus on the Linux kernel license. Since there is a COPYING file that makes it clear that the kernel is governed under the GPL, where's the

Re: Intellectual Property II

2006-02-07 Thread Alfred M\. Szmidt
Recent court decisions in Germany? http://www.oii.ox.ac.uk/resources/feedback/OIIFB_GPL3_20040903.pdf You are confusing a `critique' of a court decision, and the actual court decision. The courts decision was in favour of the GPL. In short, what Moglen says is perfectly correct, and what

Re: Intellectual Property II

2006-02-07 Thread John Hasler
Portuguese Judges wouldn't show such a high level of tolerance against people who make fun of the Judicial system as Wallace is doing. There are rules for dealing with frivolous litigants. I think Wallace is quite serious (though loony), and I think that the judge thinks he is serious, too.

Re: Intellectual Property II

2006-02-07 Thread Alexander Terekhov
Alfred M. Szmidt wrote: Recent court decisions in Germany? http://www.oii.ox.ac.uk/resources/feedback/OIIFB_GPL3_20040903.pdf You are confusing a `critique' of a court decision, and the actual court decision. That utterly defective judgement (keep in mind that the context is

Re: Intellectual Property II

2006-02-07 Thread Alexander Terekhov
David Kastrup wrote: [...] If it is from September 2004 and has not been overruled since then, it Sitecom didn't bothered. So what? would seem like it would have to be printed on _very_ expensive paper in order to be worth less than that. Oh dear. I take it that you agree that the GPL is a

Re: Intellectual Property II

2006-02-07 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] If it is from September 2004 and has not been overruled since then, it Sitecom didn't bothered. So what? If the issue would have been unimportant to them, they'd have ceded without waiting for an injunction, wouldn't

Re: Intellectual Property II

2006-02-07 Thread oaky
- As to the definition of derivative work, the uncertainty is experienced by those who would like to make proprietary uses of GPL'd code, and are unsure whether a particular way of making a proprietary enhancement to a free work will certainly or only arguably infringe the free developer's

Re: Intellectual Property II

2006-01-30 Thread Alexander Terekhov
Alexander Terekhov wrote: FSF's brief #37 in Wallace v FSF: In fact, the GPL itself rejects any automatic aggregation of software copyrights under the GPL simply because one program licensed under the GPL is distributed together with another program that is not licensed under the GPL: In

Re: Intellectual Property II

2006-01-04 Thread Alexander Terekhov
Alexander Terekhov wrote: [...] BTW, FSF's reply to Wallace's fourth amended complaint is due today, IIRC. I'd appreciate of someone with Pacer account can post it here, TIA. Since recently, tuxrocks.com's coverage of Wallace v. GPL got pretty selective (the motto is we won't let Wallace

Re: Intellectual Property II

2006-01-04 Thread Alexander Terekhov
Alexander Terekhov wrote: [...] I offer EURO 20 (through PayPal) for #35 plus #36 above (I need one copy of each brief). Anyone? Erledigt. http://messages.yahoo.com/bbs?action=mboard=1600684464tid=caldsid=1600684464mid=333225

Re: Intellectual Property II

2006-01-04 Thread Rui Miguel Silva Seabra
On Wed, 2006-01-04 at 17:01 +0100, Alfred M. Szmidt wrote: Since recently, tuxrocks.com's coverage of Wallace v. GPL got pretty selective (the motto is we won't let Wallace troll the community, I suppose; interestingly enough, the pro-GPL stance seems to impact publication of some

Re: Intellectual Property II

2006-01-04 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: [...] RHEL: over 1500 EUR for subscription They charge for per seat services (mostly bug fixes delivery), not GPL'd software as IP. That monetization model fails with stable high quality software (vendor lock-in through certification of other stuff for

Re: Intellectual Property II

2006-01-04 Thread Alfred M\. Szmidt
Just to count two immediate possibilities. There are hundreds more. Two possibilities on two ends of the spectrum, the usual cost is around 45 USD from my brief check (GNU Source CD's, and OpenBSD CD's). Thogh, if you have 5000 USD (~4000 EUR), getting the GNU Deuluxe Distribution package is a

Re: Intellectual Property II

2006-01-04 Thread Alexander Terekhov
Rui Miguel Silva Seabra wrote: ... My, you're dense. http://www.ip-wars.net/public_docs/wallace_v_fsf_36.pdf regards, alexander. ___ Gnu-misc-discuss mailing list Gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Intellectual Property II

2006-01-04 Thread Alfred M\. Szmidt
http://www.ip-wars.net/public_docs/wallace_v_fsf_36.pdf Terekhov likes to quote material without having actually read it himself. Wallace more or less claims that the GNU GPL allows for price fixing, more exactly, that it requires all parties to distribute copies of GPLed software for no fee.

Re: Intellectual Property II

2006-01-04 Thread Rui Miguel Silva Seabra
On Wed, 2006-01-04 at 22:49 +0100, Alfred M. Szmidt wrote: http://www.ip-wars.net/public_docs/wallace_v_fsf_36.pdf Terekhov likes to quote material without having actually read it himself. Wallace more or less claims that the GNU GPL allows for price fixing, more exactly, that it