On Fri, 17 Nov 2006 02:34:15 -0500, Chris wrote in message 
<[EMAIL PROTECTED]>:

> On Fri, 17 Nov 2006 08:02:10 +0100
> Arnt Karlsen wrote:
> > 
> > ..in courts, this is known as fraud, and copyright infringement:
> 
> You do harm to the cause of free software by throwing accusations like
> this around without backing them up.  Again, please be specific:  what
> specific subsections of the GPL do you claim are be violated here, and
> how?

..see below.
 
> > ..I recommend we get advice from Harald, he has practical experience
> > that I have only read about on Groklaw, and I'm too damned tired
> > now, but I would litigate in Utah or some other copyright loving US
> > state if this perp is or get's near the US.  
> 
> "This perp."  You are now referring to this person as having violated
> the law.  Please substantiate this claim -- otherwise you, too, are a
> "perp".

..see below.
 
> Again, if you can substantiate your accusations of copyright
> infringement here, please do.  Otherwise, you do harm to the very
> cause you keep claiming you support.  I can introduce you to numerous
> potential (but not actual) users and developers of free software who
> do not take free software seriously, and thus choose to not use it or
> to not develop it, because of uncertainty about copyright.  For this
> reason, it is *crucial* that accusations of GPL violations not be
> tossed around carelessly -- doing so supports an atmosphere of
> uncertainty that makes it even less likely that folks will want
> anything to do with free software.

..and it is likewise crucial we do not allow GPL violations, as we risk
undermining the GPL by establishing case law to that very anti-GPL
effect.  So we need to enforce the GPL, to prop up case law so copyright
and criminal law can _remain_ the teeth of the GPL.

> If you want to help free software, go after someone 100% full-bore if
> they have indeed violated the GPL -- but only if you're sure that
> they've done so.  By your attitude and words here, you're apparently
> sure they've done so.  So what's your evidence, and to what
> subsections of the GPL does it apply?

..see below.

> 
> > ..this case is well past "GPL Violation", and fraud.
> > http://cgi.ebay.com.au/Realistic-Professional-Aviation-Flight-Simulator_W0QQitemZ260053619883QQihZ016QQcategoryZ80336QQrdZ1QQcmdZViewItem
> > states "New & Unregistered 100% Legal, Not OEM, Not Trial" instead
> > of "GPL".
> 
> What subsection of the GPL requires that advertisements for
> re-distributions of the product include the fact that the software is
> covered by the GPL in the advertising itself?

..the first line of section 0, states:
"0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed under
the terms of this General Public License.", in the 
"TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION"
section of the GNU GENERAL PUBLIC LICENSE Version 2, June 1991
http://www.fsf.org/licensing/licenses/gpl.html .

..since "redlinedit"'s eBay site in no way "contains a notice placed by
the copyright holder saying it may be distributed under the terms of
this General Public License.", the GPL becomes moot under the
language in line 2 and 3 of subsection 5, which states: "However,
nothing else grants you permission to modify or distribute the Program
or its derivative works. These actions are prohibited by law if you do
not accept this License."

..thenafter, he's cop 'n law shark fodder on 
copyright infringement and fraud.  ;o)

> Thanks in advance.

.. ;o)

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.


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