Re: Settlements

2010-05-04 Thread RJack
Hyman Rosen wrote: It doesn't matter how much you hate and disagree with this decision. In the battle of crank vs. court, court always wins. It doesn't matter how much you hate and disagree with the Supreme Court the Supreme Court always wins. In the battle of Supreme Court vs. moron,

Re: Settlements

2010-05-04 Thread RJack
David Kastrup wrote: Causality does not necessarily imply temporal order in the legal world, because the legal _meaning_ of an act might sometimes be established only at a later point of time. Taking something in a supermarket without paying constitutes theft. The relevant activity of the

NYC LOCAL: Wednesday 3 March 2010 NYCBUG: Isaac Levy on pfSense

2010-05-04 Thread secretary
blockquote what=official NYC*BUG announcement edits= Date: Sun, 28 Feb 2010 18:33:54 -0500 To: annou...@lists.nycbug.org From: NYC*BUG Announcements annou...@lists.nycbug.org Subject: [announce] NYC*BUG Wednesday March 3rd Reply-To: annou...@lists.nycbug.org March 03, 2010, Wednesday

NYC LOCAL: Friday 5 March 2010 Movie Night with Kembrew McLeod and Steve Steinski Stein

2010-05-04 Thread secretary
blockquote what=official Computers and Society announcement master-of-ceremonies=Evan Korth guests=Kembrew McLeod, Steve Steinski Stein more=http://en.wikipedia.org/wiki/Kembrew_McLeod [page was last modified on 9 December 2009 at 02:59]

Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
For stupid dak, in English now. Here's a typical shoplifting statute. http://law.justia.com/missouri/codes/t36/537125.html (§ 537.125. — Shoplifting--detention of suspect by merchant--liability presumption.) 537.125. 1. As used in this section: (1) Mercantile establishment means any

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: For stupid dak, in English now. Here's a typical shoplifting statute. As usual, nothing relevant here. You do remember that we were talking about the legal _meaning_ of an act being established after the fact, because you can't determine the

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
Uh retard dak. You wrote: But the point is: until I pass the cash register, there is no way of knowing whether I had merely been employing my pocket because I was running out of space in my hands or because I intended to steal something. That's not an evidence to rebutt presumption of intent to

Re: From the Best Buy et. al. case

2010-05-04 Thread Alexander Terekhov
Best Buy squad arrived. 03/03/2010 56 NOTICE OF APPEARANCE by David Leichtman on behalf of Best Buy Co., Inc. (Leichtman, David) (Entered: 03/03/2010) 03/03/2010 57 NOTICE OF APPEARANCE by Hillel Ira Parness on behalf of Best Buy Co., Inc. (Parness, Hillel) (Entered: 03/03/2010) 03/03/2010 58

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: Uh retard dak. You wrote: But the point is: until I pass the cash register, there is no way of knowing whether I had merely been employing my pocket because I was running out of space in my hands or because I intended to steal something. That's

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] Whatever. When quoting isolated sentences, you better pick those with grammar reflecting what you consider their meaning. LOL. Dak are you really sure that your German is more correct than the German of http://www.bundesgerichtshof.de? Go to doctor, silly dak.

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] Whatever. When quoting isolated sentences, you better pick those with grammar reflecting what you consider their meaning. LOL. Dak are you really sure that your German is more correct than the German of

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] particular sentence, _and_ your attribution to the BGH as source is accurate (for which I don't see any evidence but consider possible), BGH Beschluss vom 06.10.1961 (2 StR 289/61) NJW 1961, 2266; BGHSt 16, 271

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] particular sentence, _and_ your attribution to the BGH as source is accurate (for which I don't see any evidence but consider possible), BGH Beschluss vom 06.10.1961 (2 StR 289/61) NJW 1961, 2266; BGHSt 16, 271

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
Dak, the ruling I cited is part of http://de.wikipedia.org/wiki/Staatsexamen for prosecutors and counsels (both may become judges). Go to doctor, silly dak. regards, alexander. P.S. I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds. Hyman Rosen

Re: From the Best Buy et. al. case

2010-05-04 Thread RJack
Alexander Terekhov wrote: Best Buy squad arrived. 03/03/2010 56 NOTICE OF APPEARANCE by David Leichtman on behalf of Best Buy Co., Inc. (Leichtman, David) (Entered: 03/03/2010) 03/03/2010 57 NOTICE OF APPEARANCE by Hillel Ira Parness on behalf of Best Buy Co., Inc. (Parness, Hillel)

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: Dak, the ruling I cited is part of http://de.wikipedia.org/wiki/Staatsexamen for prosecutors and counsels (both may become judges). Good thing they won't become Grammarians. -- David Kastrup ___

NYC LOCAL: Tuesday 9 March 2010 Lisp NYC: Meeting for Google Summer of Code 2010

2010-05-04 Thread secretary
blockquote what=official Lisp NYC announcement more=http://lispnyc.org; edits= Date: Thu, 04 Mar 2010 13:24:12 -0500 From: heow li...@alphageeksinc.com To: LISP NYC l...@lispnyc.org Subject: [Lisp] Lisp Meeting, March 9th at PGs Join us Tuesday, March 9th from 7:00 to 9:00 at PG's.

Re: From the Best Buy et. al. case

2010-05-04 Thread Alexander Terekhov
Judge Shira Scheindlin defies her own order. 01/07/2010 19 STIPULATION AND ORDER EXTENDING TIME OF DEFENDANT GCI TECHNOLOGIES CORPORATION TO RESPOND TO THE COMPLAINT, GCI Technologies Corporation answer due 3/8/2010. No further extensions for this, or any defendant in this action, will be

SFLC is SOL

2010-05-04 Thread RJack
The SFLC has finally bought itself a shit-load of trouble. Five of fourteen defendants' ANSWERS TO COMPLAINT are up on the SDNY PACER site. Excerpt from the Best Buy answer: . . . FIRST COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT 9. Best Buy restates and realleges each of the

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: The SFLC has finally bought itself a shit-load of trouble. Because defendents write up a defense? That's not really that remarkable. 13. Best Buy requests a jury trial on all issues triable of right by a jury. Juries don't interpret the law but decide on

Best Buy countersues SFLC gang

2010-05-04 Thread Alexander Terekhov
Best Buy Co., Inc. (“Best Buy”), erroneously sued in place of Best Buy Stores, L.P. and BestBuy.Com, LLC, answers Software Freedom Conservancy, Inc. and Erik Andersen’s (“Plaintiffs”) Original Complaint (“Complaint”) as follows: [... snip answer ...] COUNTERCLAIMS Defendant/Counterclaimant Best

Bosch says the GPL is not enforceable

2010-05-04 Thread Alexander Terekhov
1. The complaint fails to state a claim on which relief can be granted. 2. The GNU General Public License, Version 2, as alleged by Plaintiffs, is not enforceable. 3. On information and belief, plaintiffs are not proper parties. regards, alexander. P.S. I'm insufficiently motivated to go set

Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. Exactly. FOURTH AFFIRMATIVE DEFENSE (INDISPENSABLE PARTIES) On information and belief, Defendant alleges that

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. They'll have a fun time a) proving that statement b) telling the

Versa asserts joint ownership/indispensable party defense

2010-05-04 Thread Alexander Terekhov
THIRD AFFIRMATIVE DEFENSE (JOINT OWNERSHIP) On information and belief, Defendant alleges that Plaintiffs’ claims are barred because other third parties jointly created the alleged copyright at issue and those third parties are joint copyright owners of the alleged copyright at issue in this

Re: Versa asserts joint ownership/indispensable party defense

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: THIRD AFFIRMATIVE DEFENSE (JOINT OWNERSHIP) On information and belief, Defendant alleges that Plaintiffs’ claims are barred because other third parties jointly created the alleged copyright at issue and those third parties are joint copyright

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
RJack wrote: The SFLC has finally bought itself a shit-load of trouble. Five of fourteen defendants' ANSWERS TO COMPLAINT are up on the SDNY PACER site. It's actually more than five in the meantime: 03/08/2010 62 ANSWER to Complaint with JURY DEMAND. Document filed by Westinghouse Digital

Re: Versa trashes the GPL as well

2010-05-04 Thread Chris Ahlstrom
David Kastrup pulled this Usenet boner: Alexander Terekhov terek...@web.de writes: Have you ever timed these rjack/terekhov irruptions to determine if they coincide with any natural cycles? -- I'll burn my books. -- Christopher Marlowe

[GPL in court] Humax asserts copyright misuses and bad faith defenses

2010-05-04 Thread Alexander Terekhov
Plaintiffs are not entitled to the relief sought because their actions constitute a misuse of the copyright. Plaintiffs’ claims are barred or limited because this action was brought in bad faith and with an improper purpose to burden, harass and oppress Defendant. regards, alexander. P.S. I'm

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. They'll have a fun time a) proving that

Re: Versa asserts joint ownership/indispensable party defense

2010-05-04 Thread RJack
Alexander Terekhov wrote: THIRD AFFIRMATIVE DEFENSE (JOINT OWNERSHIP) On information and belief, Defendant alleges that Plaintiffs’ claims are barred because other third parties jointly created the alleged copyright at issue and those third parties are joint copyright owners of the alleged

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Chris Ahlstrom wrote: David Kastrup pulled this Usenet boner: Alexander Terekhov terek...@web.de writes: Have you ever timed these rjack/terekhov irruptions to determine if they coincide with any natural cycles? Actually, there are certain natural cycles of moaning and grunting that

Re: Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of estoppel. I also like

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs’ claims are barred

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: We'll see how much of the defendants beliefs survives in court. You betch'a. No more voluntary dismissals. That's all that real folks have ever asked for -- a court ruling concerning the GPL on the merits. So, hopefully, we'll really see. Sincerely, RJack :)

Re: Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: David Kastrup wrote: We'll see how much of the defendants beliefs survives in court. You betch'a. No more voluntary dismissals. That's all that real folks have ever asked for -- a court ruling concerning the GPL on the merits. You won't see that this time

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE

Re: SFLC is SOL

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] This means that the SFLC cannot file a vouluntary dismissal without the permission of Best Buy Inc. There is no such thing as filing an unvoluntary dismissal. Uh retard dak.

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] This means that the SFLC cannot file a vouluntary dismissal without the permission of Best Buy Inc. There is no such thing as filing an unvoluntary dismissal. Uh retard dak.

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: If you are so smart at interpreting the Federal Rules of Civil Procedure, why are you so dumb at grasping doctrines like preemption and promissory estoppel? They don't apply where there is no preemption and no promissory estoppel. Could it be that you actually

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: On information and belief, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of estoppel. Yeah, that one is hilarious as well. Dear court, how could we assume that we had

Re: SFLC is SOL

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: If you are so smart at interpreting the Federal Rules of Civil Procedure, why are you so dumb at grasping doctrines like preemption and promissory estoppel? They don't apply where there is no preemption and no promissory estoppel.

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: On information and belief, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of estoppel. Yeah, that one is hilarious as well. Dear court, how could we

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 7:09 AM, RJack wrote: a) The court will immediately find the GPL unenforceable because of the preemption doctrine established by 17 USC sec. 301(a). Preemption has nothing to do with the GPL, since this is a case of normal copyright infringement brought under the federal copyright

Re: Versa asserts joint ownership/indispensable party defense

2010-05-04 Thread Hyman Rosen
On 3/9/2010 7:17 AM, RJack wrote: Actually BusyBox is a thousand headed Hydra of derivative work - joint work compilations. After ten thousand patches BusyBox is a huge kettle of spaghetti code with fifty authors that is so entangled that even Humpty Dumpty's maintainers can never untangle it

Significance of the GP licence.

2010-05-04 Thread Alan Mackenzie
In gnu.misc.discuss RJack u...@example.net wrote: Once the GPL is invalidated, promissory estoppel will allow some proprietary company to improve Linux and turn it into a real operating system. Microsoft hates the thought that folks will understand the GPL is unenforceable. That's the reason

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 7:09 AM, RJack wrote: a) The court will immediately find the GPL unenforceable because of the preemption doctrine established by 17 USC sec. 301(a). Preemption has nothing to do with the GPL, since this is a case of normal copyright infringement brought under

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 7:28 AM, Alexander Terekhov wrote: Oh poor SFLC... You appear to have very strange beliefs about the legal system. Aside from your general misunderstanding of copyright law, you seem to believe that answers and counterclaims have some magical power merely by being stated. Proper

Re: Versa asserts joint ownership/indispensable party defense

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 7:17 AM, RJack wrote: Actually BusyBox is a thousand headed Hydra of derivative work - joint work compilations. After ten thousand patches BusyBox is a huge kettle of spaghetti code with fifty authors that is so entangled that even Humpty Dumpty's maintainers can

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/9/2010 8:35 AM, RJack wrote: If you are so smart at interpreting the Federal Rules of Civil Procedure, why are you so dumb at grasping doctrines like preemption and promissory estoppel? Neither of those applies to the GPL. Preemption is irrelevant because GPL claims are filed with respect

Re: SFLC is SOL

2010-05-04 Thread amicus_curious
Alexander Terekhov terek...@web.de wrote in message news:4b9625a2.f8e31...@web.de... RJack wrote: The SFLC has finally bought itself a shit-load of trouble. Five of fourteen defendants' ANSWERS TO COMPLAINT are up on the SDNY PACER site. It's actually more than five in the meantime:

Re: Significance of the GP licence.

2010-05-04 Thread RJack
Alan Mackenzie wrote: In gnu.misc.discuss RJack u...@example.net wrote: Once the GPL is invalidated, promissory estoppel will allow some proprietary company to improve Linux and turn it into a real operating system. Microsoft hates the thought that folks will understand the GPL is

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. As the Second Circuit explained

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 9:11 AM, RJack wrote: Uhhh. What's abnormal copyright infringement? When there are other defenses possible under federal law, such as fair use or time shifting or reverse engineering. Normal copyright infringement is simply unauthorized copying and distribution with nothing else

Re: Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/9/2010 9:11 AM, RJack wrote: Uhhh. What's abnormal copyright infringement? When there are other defenses possible under federal law, such as fair use or time shifting or reverse engineering. Normal copyright infringement is simply unauthorized copying and

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
amicus_curious a...@sti.net writes: Any merits of the case aside, it would seem to me that Moglen, et al has bitten off a rather large chaw. Fortunately, it is not the job of the court to put any merits of the case aside. -- David Kastrup ___

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 9:40 AM, Alexander Terekhov wrote: Q: If you call a tail a leg, how many legs has a dog? Five? When a court does the calling, yes. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: Significance of the GP licence.

2010-05-04 Thread Alan Mackenzie
In gnu.misc.discuss RJack u...@example.net wrote: Alan Mackenzie wrote: In gnu.misc.discuss RJack u...@example.net wrote: Once the GPL is invalidated, promissory estoppel will allow some proprietary company to improve Linux and turn it into a real operating system. Microsoft hates the

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. As the Second Circuit

Re: Significance of the GP licence.

2010-05-04 Thread RJack
Alan Mackenzie wrote: In gnu.misc.discuss RJack u...@example.net wrote: Alan Mackenzie wrote: In gnu.misc.discuss RJack u...@example.net wrote: Once the GPL is invalidated, promissory estoppel will allow some proprietary company to improve Linux and turn it into a real operating system.

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 10:00 AM, RJack wrote: The case is filed in the Second Circuit. The CAFC has no precedental value anywhere in the federal system. The reasoning will apply universally, since it is correct. At the end of the day, 'statutory damages should bear some relation to actual damages

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Hyman Rosen wrote: On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf You've already lost. You might as well cite to the law of Zimbabwe Hymen. The case is filed in the Second Circuit. The CAFC

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: Hyman Rosen wrote: On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf You've already lost. You might as well cite to the law of Zimbabwe Hymen. The case is filed in the Second

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 10:16 AM, RJack wrote: Since the defendants aren't infringing under Second Circuit precedental law there will be no damages at all. The defendants are infringing by copying and distributing copyrighted computer programs without permission.

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs’

Re: Significance of the GP licence.

2010-05-04 Thread David Kastrup
Alan Mackenzie a...@muc.de writes: In gnu.misc.discuss RJack u...@example.net wrote: Reason? So do birds. flowers and trees. So what is your point? You are correct (for once). I don't get it. Statements usually have to make sense. What's your rhetorical focus? Quite simply, that it is the

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 10:16 AM, RJack wrote: Since the defendants aren't infringing under Second Circuit precedental law there will be no damages at all. The defendants are infringing by copying and distributing copyrighted computer programs without permission. Dream on silly boy.

Re: Significance of the GP licence.

2010-05-04 Thread RJack
David Kastrup wrote: Alan Mackenzie a...@muc.de writes: In gnu.misc.discuss RJack u...@example.net wrote: Reason? So do birds. flowers and trees. So what is your point? You are correct (for once). I don't get it. Statements usually have to make sense. What's your rhetorical focus? Quite

Re: Significance of the GP licence.

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: David Kastrup wrote: Alan Mackenzie a...@muc.de writes: In gnu.misc.discuss RJack u...@example.net wrote: Reason? So do birds. flowers and trees. So what is your point? You are correct (for once). I don't get it. Statements usually have to make sense. What's

Re: Significance of the GP licence.

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] We are not talking about the age of the BSD license(s), but the time when a complete BSD type operating system became available freely. http://www.youtube.com/watch?v=g7tvI6JCXD0 Hth, silly dak. regards, alexander. P.S. I'm insufficiently motivated to go set up a

Re: Significance of the GP licence.

2010-05-04 Thread Alan Mackenzie
In gnu.misc.discuss David Kastrup d...@gnu.org wrote: Alan Mackenzie a...@muc.de writes: Quite simply, that it is the GPL itself which is the main reason for the popularity of Linux amongst the people who write it. Well, that's half of the story. Linux has been written to support a

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Hyman Rosen
Here is a story from Colorado: http://www.thedenverchannel.com/news/22745694/detail.html A person who borrowed a DVD from a public library and never returned it was arrested on a theft warrant which had been issued by the city. There was obviously no theft when the DVD was first borrowed, so we

Re: Significance of the GP licence.

2010-05-04 Thread RJack
Alan Mackenzie wrote: Well there's little prospect of that experiment taking place, thankfully. The GPL is gasping for breath Alan. It'll soon be DEAD. Get over it Alan. Copyleft style licenses are unenforceable under U.S. law. You may, perhaps, continue to extol the virtues of the GPL under

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: Here is a story from Colorado: http://www.thedenverchannel.com/news/22745694/detail.html A person who borrowed a DVD from a public library and never returned it was arrested on a theft warrant which had been issued by the city. There was obviously no theft when the DVD was

Re: Significance of the GP licence.

2010-05-04 Thread David Kastrup
Alan Mackenzie a...@muc.de writes: In gnu.misc.discuss David Kastrup d...@gnu.org wrote: Alan Mackenzie a...@muc.de writes: Quite simply, that it is the GPL itself which is the main reason for the popularity of Linux amongst the people who write it. Well, that's half of the story. Linux

Re: Significance of the GP licence.

2010-05-04 Thread Hyman Rosen
On 3/9/2010 11:48 AM, RJack wrote: Copyleft style licenses are unenforceable under U.S. law. No, that's not correct. A court has enforced an open license: http://www.cafc.uscourts.gov/opinions/08-1001.pdf Copyright holders who engage in open source licensing have the right to control

Re: Significance of the GP licence.

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Alan Mackenzie wrote: Well there's little prospect of that experiment taking place, thankfully. The GPL is gasping for breath Alan. It'll soon be DEAD. Get over it Alan. Copyleft style licenses are unenforceable under U.S. law. Quite right, since they are no

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Hyman Rosen
On 3/9/2010 11:50 AM, RJack wrote: ... but that's not relevant. Neither is your analogy. You're wrong about that (naturally). The original conversation was On 3/2/2010 10:43 AM, Alexander Terekhov wrote: David Kastrup wrote: Taking something in a supermarket without paying constitutes theft.

Re: Significance of the GP licence.

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 11:48 AM, RJack wrote: Copyleft style licenses are unenforceable under U.S. law. No, that's not correct. A court has enforced an open license: http://www.cafc.uscourts.gov/opinions/08-1001.pdf Copyright holders who engage in open source licensing have the

Re: Significance of the GP licence.

2010-05-04 Thread Hyman Rosen
On 3/9/2010 12:14 PM, RJack wrote: The federal courts of the United States ignore CAFC authority in areas outside their unique patent appeals areas. Since the CAFC reasoned out the case correctly, we can expect that other courts will do the same.

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/9/2010 11:50 AM, RJack wrote: ... but that's not relevant. Neither is your analogy. You're wrong about that (naturally). The original conversation was On 3/2/2010 10:43 AM, Alexander Terekhov wrote: David Kastrup wrote: Taking something in a supermarket

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 11:50 AM, RJack wrote: ... but that's not relevant. Neither is your analogy. You're wrong about that (naturally). The original conversation was On 3/2/2010 10:43 AM, Alexander Terekhov wrote: David Kastrup wrote: Taking something in a supermarket without

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: On 3/9/2010 11:50 AM, RJack wrote: ... but that's not relevant. Neither is your analogy. You're wrong about that (naturally). The original conversation was On 3/2/2010 10:43 AM, Alexander Terekhov wrote: David Kastrup

Re: Significance of the GP licence.

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 12:14 PM, RJack wrote: The federal courts of the United States ignore CAFC authority in areas outside their unique patent appeals areas. Since the CAFC reasoned out the case correctly, we can expect that other courts will do the same. Ratchet up your hopes

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Hyman Rosen
On 3/9/2010 12:20 PM, RJack wrote: Sadly Hyman, you demonstrate your inability to understand the difference between a violation of a criminal statute and a civil breach of contract. Copying GPL-covered works without honoring the conditions of the GPL is copyright infringement, not a civil

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Hyman Rosen
On 3/9/2010 12:22 PM, Alexander Terekhov wrote: Zwangsvollstreckung (§§ 704 - 945 ZPO) I'm insufficiently motivated to learn German just to pick apart your undoubtedly incorrect arguments in that language. ___ gnu-misc-discuss mailing list

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: On 3/9/2010 12:20 PM, RJack wrote: Sadly Hyman, you demonstrate your inability to understand the difference between a violation of a criminal statute and a civil breach of contract. Copying GPL-covered works without honoring the conditions of the GPL is

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: On 3/9/2010 12:22 PM, Alexander Terekhov wrote: Zwangsvollstreckung (§§ 704 - 945 ZPO) I'm insufficiently motivated to learn German just to pick apart your undoubtedly incorrect arguments in that language. No argument there, just a verbatim quote from a

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] Uh moron Hyman. Let comrade dak translate the following for you: Zwangsvollstreckung (§§ 704 - 945 ZPO) No need to bother. It is utterly irrelevant to anything discussed so far. Not that this should surprise anybody... Uh moron dak. Ordnungshaft, da

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: Hyman Rosen hyro...@mail.com writes: On 3/9/2010 12:22 PM, Alexander Terekhov wrote: Zwangsvollstreckung (§§ 704 - 945 ZPO) I'm insufficiently motivated to learn German just to pick apart your undoubtedly incorrect arguments in that language. No argument

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/9/2010 12:22 PM, Alexander Terekhov wrote: Zwangsvollstreckung (§§ 704 - 945 ZPO) I'm insufficiently motivated to learn German just to pick apart your undoubtedly incorrect arguments in that language. Under the German civil law, a civil claim may be enforced

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 12:20 PM, RJack wrote: Sadly Hyman, you demonstrate your inability to understand the difference between a violation of a criminal statute and a civil breach of contract. Copying GPL-covered works without honoring the conditions of the GPL is copyright

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Hyman Rosen
On 3/9/2010 3:43 PM, RJack wrote: Hyman Rosen wrote: Copying GPL-covered works without honoring the conditions of the GPL is copyright infringement, not a civil breach of contract. Only in your imagination No, as articulated by the court for the Artistic License:

Re: SFLC is SOL

2010-05-04 Thread Alan Mackenzie
In gnu.misc.discuss RJack u...@example.net wrote: If you are so smart at interpreting the Federal Rules of Civil Procedure, why are you so dumb at grasping doctrines like preemption and promissory estoppel? Could it be that you actually know the GPL is preempted and thus GPL code is

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/9/2010 3:43 PM, RJack wrote: Hyman Rosen wrote: Copying GPL-covered works without honoring the conditions of the GPL is copyright infringement, not a civil breach of contract. Only in your imagination No, as articulated by the court for the Artistic

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Hyman Rosen
On 3/9/2010 4:31 PM, Alexander Terekhov wrote: The Supreme Court of California. 159 Cal. 716, 115 P. 743 (1911). The term 'provided' may or may not indicate a condition . . . it is often a nice question to determine whether it is a condition or a covenant and courts always construe similar

Re: SFLC is SOL

2010-05-04 Thread RJack
Alan Mackenzie wrote: In gnu.misc.discuss RJack u...@example.net wrote: If you are so smart at interpreting the Federal Rules of Civil Procedure, why are you so dumb at grasping doctrines like preemption and promissory estoppel? Could it be that you actually know the GPL is preempted and

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/9/2010 4:31 PM, Alexander Terekhov wrote: The Supreme Court of California. 159 Cal. 716, 115 P. 743 (1911). The term 'provided' may or may not indicate a condition . . . it is often a nice question to determine whether it is a condition or a covenant and courts

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread Hyman Rosen
On 3/9/2010 4:52 PM, Alexander Terekhov wrote: Abraham Lincoln When CAFC is reversed by a higher court, be sure to let me know. Until then, we have no Lincoln, just an internet crank. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

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