On Fri, 17 Nov 2006 09:56:02 +0100, Arnt wrote in message 
<[EMAIL PROTECTED]>:

> 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.

..case law add judgements to the meaning of the language in the GPL, 
and not neccessarily in the spirit of the GPL unless we enforce it
properly.

> > 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 1 of subsection 5, which states: "5.  You are not
required to accept this License, since you have not signed it.", and...

> 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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