David Kastrup wrote: [...]
http://www.softwarefreedom.org/news/2008/jun/10/busybox/bell-complaint.pdf SFLC: "12. Upon information and belief, Defendants Firmware contains BusyBox, or a modified version of BusyBox that is substantially similar to BusyBox, in object code or executable form. Distribution of the Firmware, either as part of the Infringing Products or by itself, thus inherently includes distribution of BusyBox and, as such, Defendant is required to have Plaintiffs permission to make that distribution. The only such permission available for BusyBox is the contingent one granted under the License." > > "12. Bell Microproducts admits that it purchases storage devices that > > contain firmware from a third party. Bell Microproducts is unaware if > > the firmware it purchases from the third party contains BusyBox. Bell > > Microproducts states that the License speaks for itself and on that > > basis,denies any allegations of paragraph 12 inconsistent therewith. > > Except as expressly admitted, Bell Microproducts denies all the > > allegations contained in paragraph 12 of the Complaint. > > Well, Bell states that it is not privy to a purported copyright > transgression, and thus explicitly states that it has not availed Uh silly dak. "not privy to a purported copyright transgression" LOL. > themselves of the GPL as a license, as they claim not to be in need of > any license at all from the plaintiff. SFLC: "14. Under the License, any party that redistributes BusyBox in a manner that does not comply with the terms of the License immediately and automatically loses all rights granted under it. Section 4 of the License states: You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. As such, any rights Defendant may have had under the License to redistribute BusyBox were automatically terminated the instant that Defendant made non-compliant distribution of the Infringing Products or Firmware. Since that time, Defendant has had no right to distribute BusyBox, or a modified version of BusyBox, under any circumstances or conditions." http://www.terekhov.de/14.pdf Bell Microproducts: "14. In response to paragraph 14 of the Complaint, Bell Microproducts states that the License speaks for itself and on that basis, denies any allegations of paragraph 14 inconsistent therewith." SFLC: "15. Upon information and belief, on January 18, 2008, Defendant was notified by a third party of the relevant terms of the GPL and Defendants infringement thereof. This notification was provided via an e-mail requesting the complete and corresponding source code of the GPL-licensed software on an Infringing Product." Bell Microproducts: "15. Upon information and belief, Bell Microproducts denies the allegations of Paragraph 15 of the Complaint." SFLC: "16. On April 21, 2008, through their counsel, Plaintiffs notified Defendant of its unlawful conduct based upon its failure to comply with the License. Defendant has not responded to Plaintiffs notice and continues to distribute the Infringing Products and Firmware in violation of Plaintiffs exclusive rights under the Copyright Act." Bell Microproducts: "16. In response to paragraph 16 of the Complaint, Bell Microproducts admits that Plaintiffs sent a letter dated April 21, 2008, addressed to Hammer Storage by Bell Microproducts alleging Hammer Storage failed to comply with the License. Except as expressly admitted, Bell Microproducts denies, generally and specifically, the allegations contained in paragraph 16 of the Complaint." > > Which makes this case be a plain copyright-relevant-or-not case not > involving the GPL. Why did SFLC attached the GPL to the complaint silly? Go do doctor dak. regards, alexander. regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
