Re: Blowhard Bradley Kuhn and his fraud

2012-03-28 Thread RJack
On 6/15/2011 3:32 PM, Hyman Rosen wrote: On 6/15/2011 3:17 PM, RJack wrote: The GPL license was dead the day it was stillborn. The GPL is in wide use, so you are wrong. Yep. And pigs hold hands while flapping their wings ROFL. Reality will eventually bite you in the ass Hyman. LMAO

Re: Blowhard Bradley Kuhn and his fraud

2012-03-28 Thread RJack
On 6/15/2011 3:54 PM, Hyman Rosen wrote: On 6/15/2011 3:45 PM, RJack wrote: On 6/15/2011 3:32 PM, Hyman Rosen wrote: On 6/15/2011 3:17 PM, RJack wrote: The GPL license was dead the day it was stillborn. The GPL is in wide use, so you are wrong. Yep. And pigs hold hands while flapping

Re: Blowhard Bradley Kuhn and his fraud

2012-03-28 Thread RJack
fees. I would refer you to earlier claims concerning undocumented settlement agreements as described by legal expert Hyman Rosen who posts to this group. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org https

Re: Blowhard Bradley Kuhn and his fraud

2012-03-28 Thread RJack
, editing, computer program. Rights and Permissions: Software Freedom Conservancy, Inc., 137 MONTAGUE ST STE 380, BROOKLYN, NY, 11201, United States * Let the games begin anew with an amended complaint. Sincerely, RJack

Re: BusyBox and the GPL... LMAO

2012-03-28 Thread RJack
/opinion-and-analysis/open-sauce/52496-busybox-replacement-project-fuels-animated-verbal-spat http://www.landley.net/toybox/about.html Sincerely, RJack :) From Rob Landley: December 16, 2011... The FSF is its own worst enemy, and it has comprehensively fragmented and FUDded its greatest

Re: Blowhard Bradley Kuhn and his fraud

2012-03-28 Thread RJack
not to do so? How odd. How else do you believe a badly losing plaintiff gets a winning defendant to agree to a stipulated Rule 41 voluntary dismissal WITH PREDJUDICE? Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org https

Re: Blowhard Bradley Kuhn and his fraud

2011-05-24 Thread RJack
liability must fail. V. CONCLUSION For the foregoing reasons, plaintiffs' motion to join WD is denied. The Clerk of the Court is directed to close this motion (Docket No. 133). Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org https

Re: Blowhard Bradley Kuhn and his fraud

2011-05-24 Thread RJack
*if* the registration were valid. Goodbye fraudulent Bradley and Erik. Hope they enjoy paying *all* the defendant's attorney fees in this matter. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org https://lists.gnu.org/mailman/listinfo/gnu

Re: 9th Cir. License Primer

2011-03-30 Thread RJack
the GPL. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: 9th Cir. License Primer

2011-03-30 Thread RJack
, RJack :) You said WHAT? _ _ |L| |R| |M| /^^^\ |O| _|A|_ (| o |) _|F|_ _| |O| | _(_---_)_ | |L

Re: 9th Cir. License Primer

2011-03-30 Thread RJack
recipients of copies of his software. Covenants -- not conditions dummkopf. What rock have you been living under, silly dak? Do you really not understand what a license is? After all this time? Sincerely, RJack :) dummkopf -- n. A stupid person; a dolt. [German : dumm, dumb (from Middle High

Re: 9th Cir. License Primer

2011-03-29 Thread RJack
this License. Any attempt otherwise to copy, modify, sublicense or distribute [BusyBox] is void, and will automatically terminate your rights under this License.”).; Plainiff's Reply Memeorandum. The games have begun! Sincerely, RJack :) ___ gnu-misc-discuss

Re: 9th Cir. License Primer

2011-03-24 Thread RJack
the: ...nor does it have rights to Broadcom’s *proprietary source* code... Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: 9th Cir. License Primer

2011-03-24 Thread RJack
On 3/24/2011 3:40 PM, RJack wrote: On 3/24/2011 10:51 AM, Alexander Terekhov wrote: As they say: The GPL Is a License, not a Contract. LMAO! Seriously, I am very disappointed that Best Buy did not raise the issue of copyright v. contract breach thus far. It is instructive to look

Re: Question - Best forums to start an free project

2011-03-23 Thread RJack
On 3/22/2011 6:56 PM, David Kastrup wrote: RJacku...@example.net writes: On 3/22/2011 8:43 AM, Hiram wrote: Hello, I would like to know if you know of some forums or mailing lists where I can submit a message to START a free application project. I'm interested in developing a new integrated

Re: Blowhard Bradley Kuhn and his fraud

2011-03-23 Thread RJack
On 3/22/2011 7:43 AM, RJack wrote: On 3/22/2011 6:51 AM, Alexander Terekhov wrote: RJack wrote: Best Buy Inc. has just filed a 28 page (available on PACER) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction. Let the the fireworks begin! SFLC's exciting reply

9th Cir. License Primer

2011-03-23 Thread RJack
or distribution). See Storage Tech. Corp. v. Custom Hardware Eng’g Consulting, Inc., 421 F.3d 1307, 1315-16 (Fed. Cir. 2005). Contractual rights, however, can be much broader... Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss

Re: Blowhard Bradley Kuhn and his fraud

2011-03-22 Thread RJack
On 3/22/2011 6:51 AM, Alexander Terekhov wrote: RJack wrote: Best Buy Inc. has just filed a 28 page (available on PACER) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction. Let the the fireworks begin! SFLC's exciting reply: http://www.terekhov.de/188.pdf 1

Re: Question - Best forums to start an free project

2011-03-22 Thread RJack
under the BSD style open source license. The Apache license is also a good license to use for open source, truly free applications. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu

Groklaw's left handed spin

2011-03-13 Thread RJack
Bag attempting to masquerade as a journalist. Too bad she only continues to sully the reputation of real professional journalists such as Maureen O'Gara. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

Re: Blowhard Bradley Kuhn and his fraud

2011-03-11 Thread RJack
a copyright infringement suit over Busybox... Kinda' destroys your faith in the U.S. legal system and makes you want to puke, doesn't it? Sincerely, RJack :) Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

Re: Blowhard Bradley Kuhn and his fraud

2011-03-08 Thread RJack
On 3/8/2011 6:51 AM, Alexander Terekhov wrote: RJack wrote: Best Buy Inc. has just filed a 28 page (available on PACER) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction. How much is that in attoney's fees and costs? We should remember, there are *four

Re: Blowhard Bradley Kuhn and his fraud

2011-03-07 Thread RJack
On 3/7/2011 5:49 PM, RJack wrote: On 3/7/2011 4:08 PM, RJack wrote: Best Buy Inc. has just filed a 28 page (available on PACER) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction. Let the the fireworks begin! H... Overreach ? From the Best Buy Inc

Re: Blowhard Bradley Kuhn and his fraud

2011-02-06 Thread RJack
, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling)

2011-02-03 Thread RJack
of a plaintiff (not defendant) and carries the burden of proof and must plead facts to establish ownership of the copies in order to defeat a Motion to Dismiss. http://docs.justia.com/cases/federal/district-courts/california/candce/4:2010cv02769/233708/47/0.pdf Sincerely, RJack

Re: Blowhard Bradley Kuhn and his fraud

2011-02-03 Thread RJack
On 2/2/2011 9:47 AM, RJack wrote: Uh... buh bye SFC and Erik Andersen: ---Filed 02/01/11--- ANSWER OF PHOEBE MICRO, INC. ... [snip] AFFIRMATIVE AND ADDITIONAL DEFENSES Phoebe Micro, as and for affirmative and additional defenses, alleges as follows: 1. The Complaint fails to state

Re: Blowhard Bradley Kuhn and his fraud

2011-02-03 Thread RJack
On 2/3/2011 10:54 AM, RJack wrote: On 2/2/2011 9:47 AM, RJack wrote: Uh... buh bye SFC and Erik Andersen: ---Filed 02/01/11--- ANSWER OF PHOEBE MICRO, INC. ... [snip] AFFIRMATIVE AND ADDITIONAL DEFENSES Phoebe Micro, as and for affirmative and additional defenses, alleges as follows

Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernorscandalous ruling)

2011-02-03 Thread RJack
On 2/3/2011 11:24 AM, Alexander Terekhov wrote: RJack wrote: [...] All this ruling really says, is that Hoops as a counter-claimant has the status of a plaintiff (not defendant) and carries the burden of proof and must plead facts to establish ownership of the copies in order to defeat

Re: Blowhard Bradley Kuhn and his fraud

2011-02-03 Thread RJack
On 2/3/2011 10:59 AM, David Kastrup wrote: RJacku...@example.net writes: On 2/2/2011 9:47 AM, RJack wrote: Uh... buh bye SFC and Erik Andersen: ---Filed 02/01/11--- ANSWER OF PHOEBE MICRO, INC. Uh, that's the reply of the defendant, not a court order. Let's see how much

Re: Blowhard Bradley Kuhn and his fraud

2011-02-02 Thread RJack
On 2/2/2011 9:47 AM, RJack wrote: Erik Andersen's application for injunction claims: Plaintiff Erik Andersen “is the owner of the copyright of both the derivative and pre-existing work, the registration certificate relating to the derivative work in this circumstance will suffice to permit

Re: Blowhard Bradley Kuhn and his fraud

2011-01-22 Thread RJack
On 1/4/2011 11:58 AM, RJack wrote: SFLC filed a dismissal for VERSA TECHNOLOGY INC pursuant to Rule 41(a)1 (after an Vera's ANSWER was filed) but there is no record of Versa's involvement or agreement to the dismissal: * Pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiffs

Re: license v license v /license/

2011-01-12 Thread RJack
with the freedom provided by BSD contributions in XNU. http://en.wikipedia.org/wiki/XNU Look at Apple now: And. . . Boom: Apple Worth More Than Microsoft. http://digitaldaily.allthingsd.com/20100526/apple-worth-more-than-microsoft/ Sincerely, RJack :) Capitalism Always Wins

Re: license v license v /license/

2011-01-12 Thread RJack
/20100526/apple-worth-more-than-microsoft/ Sincerely, RJack :) Capitalism Triumphs! ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: license v license v /license/

2011-01-11 Thread RJack
Torvalds has said that if 386BSD had been available at the time, he probably would not have created Linux.[see n.7] http://gondwanaland.com/meta/history/interview.html Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

Re: Blowhard Bradley Kuhn and his fraud

2011-01-08 Thread RJack
On 1/4/2011 11:58 AM, RJack wrote: Just a scheduling reminder for the Best Buy litigation. ... SHRIRA A. SCHEINDLIN, U.S.D.J.: WHEREAS, the Court issued a Scheduling Order on Feb~22,2010 (the Scheduling Order); and WHEREAS, certain parties now seek a two month eXtension of certain dates

Re: Blowhard Bradley Kuhn and his fraud

2011-01-04 Thread RJack
of six defendants still heading to jury trial, the litigation costs will be in the seven figures range. Ouch. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals

2010-12-21 Thread RJack
contract law for more reasons than you will ever be able to grasp. Hyman, give up reading the law and try reading something that you can understand. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org

Re: The GPL and groupthink

2010-12-13 Thread RJack
that answer your question? :-) The article's author makes it perfectly clear what he means by communist. Read the article instead of the NNTP header GPL moron. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

The GPL and groupthink

2010-12-12 Thread RJack
, distribute, study, change, and improve the software (see my above note about groupthink – philosophy of BSD is in harmony with FSF, but not in total harmony) ... How very true! Sincerely, RJack ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

Re: Justice draws nigh

2010-05-09 Thread RJack
, their respective rights are generally addressed by a contract between them.[24] In these situations, it is clear that two works have been created, requiring separate copyright registrations to preserve those rights in court. http://www.oblon.com/media/index.php?id=41#_ednref24 Sincerely, RJack

Re: Significance of the GP licence.

2010-05-06 Thread RJack
VICTOR TARABOLA CORTIANO wrote: Don't worry. The GPL license and the Free Software religion will soon reside in history's trashbin that contains Urban Legends. Bullshit. Linux and GPL is only growing. The BSDs are dying. Its a shame because BSD is a GREAT system. Or Shut up and Hack. Come

Re: Significance of the GP licence.

2010-05-05 Thread RJack
need more hackers. PCC and the BSD's need more donations and support from commercial vendors for drivers. I put my money where my mouth is and proudly donate. http://www.openbsd.org/donations.html http://bsdfund.org/projects/pcc/ Sincerely, RJack

Re: Significance of the GP licence.

2010-05-05 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: VICTOR TARABOLA CORTIANO wrote: OK I'm so fucking tired of this. I use OpenBSD. I use GCC. Use GNU/Linux. BSD is free. GPL is free. Don't worry. The GPL license and the Free Software religion will soon reside in history's trashbin

Re: Significance of the GP licence.

2010-05-05 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: David Kastrup wrote: RJack u...@example.net writes: VICTOR TARABOLA CORTIANO wrote: OK I'm so fucking tired of this. I use OpenBSD. I use GCC. Use GNU/Linux. BSD is free. GPL is free. Don't worry. The GPL license and the Free Software

Re: Significance of the GP licence.

2010-05-05 Thread RJack
. ROFL. This, from a GNUtian moron who claims a copyright license is not a contract. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Significance of the GP licence.

2010-05-05 Thread RJack
to those who claim nonexistent GPL settlement victories. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Justice draws nigh

2010-05-05 Thread RJack
, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Justice draws nigh

2010-05-05 Thread RJack
RJack wrote: All this bantering about prior cases is moot. The SFLC has just filed a request for a pre-conference motion for summary judgment against Westinghouse. The near future now holds all the answers about GPL enforcement. I'm sure Judge Scheindlin will suffers no fools in this action

Re: Significance of the GP licence.

2010-05-05 Thread RJack
or argument from personal incredulity, the speaker considers or asserts that something is false, implausible, or not obvious to them personally and attempts to use this gap in knowledge as evidence in favor of an alternative view of his or her choice. Sayeth RJack: ROFL

Re: Settlements

2010-05-04 Thread RJack
OF THEM ROFL. In the battle of crank vs. court, court always wins. In the battle of Supreme Court vs. moron, Supreme Court always wins. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org

Re: Settlements

2010-05-04 Thread RJack
of the theft is done at the time I take the ware, the status of the theft is established when I pass the cash register. Passing a cash register, however, is not what the law considers a crime. WTF does the foregoing rant have to do with anything in reality? Sincerely, RJack

Re: From the Best Buy et. al. case

2010-05-04 Thread RJack
Department of the Year” for 2003, noting that our firm “hails from the heartland, but goes for the jugular.” http://www.rkmc.com/Intellectual_Property_Litigation.htm Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http

SFLC is SOL

2010-05-04 Thread RJack
as this Court deems just and equitable. . . . This means that the SFLC cannot file a vouluntary dismissal without the permission of Best Buy Inc. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
of promissory estoppel applies. Unlike many GNUtians, the court won't pretend that neither doctrine exists. That's pretty much the usual clueless first response. Mindless denial is always a GNUtians first response. Sincerely, RJack :) ___ gnu-misc-discuss

Re: Versa asserts joint ownership/indispensable party defense

2010-05-04 Thread RJack
. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

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

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 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 (ESTOPPEL

Re: SFLC is SOL

2010-05-04 Thread RJack
estoppel? Perhaps your feigned ignorance is just stubbornness (like Hyman Rosen)? Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

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 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 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: 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

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 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 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: 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 RJack
the patchwork of laws of Europe but it's dead in the USA. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
the work. (Of course the arrest caused a contretemps and the charges were subsequently dropped, but that's not relevant.) ... but that's not relevant. Neither is your analogy. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

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

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: 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 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: 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

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
. JS A GROUP, INC., 747 F.2d 1422, 223 USPQ 1074 (Fed. Cir. 1984) (en banc). ROFL. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
us know Hymen. ROFL. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 5:01 PM, RJack wrote: U.S. federal district courts ignore CAFC copyright decisions There is no reason to believe that other courts would decide the matter differently, since CAFC made the correct analysis of the situation. Yeah... especially the Supreme Court

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 5:18 PM, RJack wrote: An unlicensed use of the copyright is not an infringement unless it conflicts with one of the specific exclusive rights conferred by the copyright statute. The only use in question is the copying and distribution of work without permission

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
blather. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: SFLC is SOL

2010-05-04 Thread RJack
RJack wrote: PACER: SFLC just voluntarily dismissed GCI Technologies Corp. Has anyone seen this pattern before? Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/10/2010 10:58 AM, RJack wrote: The truth of the matter is that there is no victory for open source licenses. Open source licenses and proprietary are interpreted using the exact same rules. Each license (contract) is individually interpreted according to the state

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/10/2010 11:18 AM, RJack wrote: Sigh... That's nothing new. If conditions precedent are not satisfied in a proprietary license the same thing results. The Artistic license had no conditions precedent -- only covenants. One erroneous decision by a non-precedental court

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/10/2010 12:17 PM, RJack wrote: Limited strictly to one defendant in a nation of 310 million. One is greater than zero. Not in the land of GNU. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
the difference. Simply calling something a condition without satisfying the appropriate definition is nonsense. You may call a horse a Cadillac but it doesn't make it one -- except in Hyman's world. Sincerely, RJack :) ___ gnu-misc-discuss mailing list

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/10/2010 12:51 PM, RJack wrote: ...blindly confused... You will let me know when another court reverses CAFC, or an equivalent court agrees with you on open licenses. You will let me know when you find a court that legally defines what an open license is. Sincerely

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/10/2010 2:11 PM, RJack wrote: You will let me know when you find a court that legally defines what an open license is. Not necessary. Any one of them should do. There's a list here: http://www.opensource.org/licenses/alphabetical Not necessary is a dodge

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman

Re: Shoplifting, concealment, liability presumption

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/10/2010 3:03 PM, RJack wrote: The Copyright Act's pass-through permissions provision eh? No, the license's pass-through permission. The Copyright Act gives rights holders the exclusive right to authorize others to copy and distribute covered works. Yep you're

Re: Conditions

2010-05-04 Thread RJack
Alexander Terekhov wrote: RJack wrote: [...] I find it interesting that in 2008 Judge Scheindlin found that an assertion of condition in a contract is interpreted to mean a condition precedent: n52 Plaintiffs bring claims for Contract Failure of Condition against each defendant. The Court

Re: SFLC is SOL

2010-05-04 Thread RJack
of copyright will be filed that challenges the GPL. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: SFLC is SOL

2010-05-04 Thread RJack
saying that a contract cannot bind a non-party. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC. 534 U.S. 279, 122 S.Ct. 754, 151 L.Ed.2d 755. ROFL. ROFL. ROFL. Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/16/2010 11:42 AM, RJack wrote: GPLv2: b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms

Re: SFLC is SOL

2010-05-04 Thread RJack
test requires more than an injury to a cognizable interest. It requires that the party seeking review be himself among the injured.” Koziara v. City of Casselberry, 392 F.3d 1302 (11th Cir. 2004) Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/16/2010 12:03 PM, RJack wrote: That's a really brilliant tautology. If I never use the GPL then the Supreme Court ruling doesn't apply! Clever. Really clever. If you choose not to avail yourself of the permissions granted by the GPL, then you are not bound

Re: SFLC is SOL

2010-05-04 Thread RJack
RJack wrote: Plaintiffs Humax, Western Digital, JVC, Versa and Best BUy correctly asserted that the plaintiffs lack standing to bring the GPL claims. The GPL attempts to grant benefits to all third parties (hence the name Public License). Nowhere in the GPL is either actual party (i.e. non

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/16/2010 12:27 PM, RJack wrote: A plaintiff must point to some type of cognizable harm, whether such harm is physical, economic, reputational, contractual, or even aesthetic. . . But the injury in fact test requires more than an injury to a cognizable interest

Re: SFLC is SOL

2010-05-04 Thread RJack
of derivative works? Really? Hop on over to your copy of the Copyright Act and show us. Who am I supposed to believe? You or my lyin' eyes? Sincerely, RJack :) ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu

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