Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: And how do the visitors/users of downloaded software from http://www2.verizon.net/micro/actiontec/actiontec.asp suppose to know that they have the all the rights reserved to the copyright owners? [snip non-answer] The page says

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
Alexander Terekhov wrote: See also: http://www4.law.cornell.edu/uscode/17/512.html Yes, please do: (l) Other Defenses Not Affected.— The failure of a service provider’s conduct to qualify for limitation of liability under this section shall not bear adversely upon the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:xpapl.52424$6r1.35...@newsfe19.iad... Alexander Terekhov wrote: See also: http://www4.law.cornell.edu/uscode/17/512.html Yes, please do: (l) Other Defenses Not Affected.— The failure of a service provider’s conduct to qualify for

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:0fcpl.43919$ci2.32...@newsfe09.iad... amicus_curious wrote: You ignore the rather obvious fact that Verizon is distributing binary code for the routers from its own website to anyone and everyone who wants it without regard to the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Except for the glaring absence of source code from Verizon. Notice I said V-e-r-i-z-o-n and not some other Joe Blow's server. And that would be a problem if and only if Verizon actually incurs an obligation under the GPL when someone obtains the software

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
amicus_curious wrote: Do you have the slightest understanding of how these sites work? Apparently not, else you would not suggest such a silly thing. Webservers take disparate actions based on parsing the URL string. As a truly simple example, .cgi URLs resulted in webservers executing

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:b3dpl.2110$tp5@newsfe13.iad... You would like to believe that this is because they were afraid of Verizon, or secretly believe that the GPL is invalid, but that is just your imagination. There is no evidence for this. It is more plausible

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Thufir Hawat
On Thu, 26 Feb 2009 15:26:56 -0500, amicus_curious wrote: Hyman Rosen hyro...@mail.com wrote in message news:0fcpl.43919$ci2.32...@newsfe09.iad... amicus_curious wrote: You ignore the rather obvious fact that Verizon is distributing binary code for the routers from its own website to anyone

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Rahul Dhesi
amicus_curious a...@sti.net writes: I don't know that they are afraid of Verizon, I think that they do understand the meaning of dismissed with predjudice though and have no way to complain of Verizon distributing executable code for Actiontec routers that is not accompanied by any source code

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Rahul Dhesi
Thufir Hawat hawat.thu...@gmail.com writes: Does the binary file which is being distributed reside on the verizon server? If so, then Verizon would be required to make the source available upon request from a customer. If the binary isn't on a Verizon server then Verizon has no obligations

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
amicus_curious wrote: Hyman Rosen hyro...@mail.com wrote The basic answer is that making the source available is a requirement of the license. But not for Verizon anymore? Verizon ships routers manufactured by Actiontec, which makes the source available on its web page. Verizon also provides

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
amicus_curious wrote: They filed a lawsuit without even such an obvious investigation? It is difficult to launch an investigation without a lawsuit. The target has no incentive to respond. So they didn't suddenly become aware of anything at all. They just became suddenly aware that they

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
Rahul Dhesi wrote: I don't see this distinction in the GPL anywhere. The distinction isn't in the GPL, it's in copyright law. The GPL activates only in the context of doing something that copyright law would otherwise not permit. Copyright law has various distinctions about copying over

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
amicus_curious wrote: I think that they do understand the meaning of dismissed with predjudice It simply means they dropped their claims against Verizon and agreed that they would not refile them. My assumption is they did this because they concluded that the GPL did not apply to Verizon in

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Rahul Dhesi
Hyman Rosen hyro...@mail.com writes: [ About whether a file that is being distributed reside on a server owned by Verizon ] Rahul Dhesi wrote: I don't see this distinction in the GPL anywhere. The distinction isn't in the GPL, it's in copyright law. No, copyright law grants a monopoly on what

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread David Kastrup
Rjack u...@example.net writes: Hyman Rosen wrote: Rjack wrote: Huh? What the hell does your cited case have to 17 USC 301(a)? Nothing at all, since federal preemption of copyright has absolutely nothing to do with the GPL. The cited case demonstrates that even though there was a contract

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: Neither you nor the SFLC understand the difference between a scope of permitted use restriction and a condition precedent to a grant of rights... But the defendants' legal counsel do, and have apparently decided that your argument doesn't

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rjack
David Kastrup wrote: Rjack u...@example.net writes: Hyman Rosen wrote: Rjack wrote: Huh? What the hell does your cited case have to 17 USC 301(a)? Nothing at all, since federal preemption of copyright has absolutely nothing to do with the GPL. The cited case demonstrates that even though

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rahul Dhesi
Rjack u...@example.net presents another irrelevant citation: Generally speaking, New York respects a presumption that terms of a contract are covenants rather than conditions The GPL is very clear that its conditions are conditions. From version 2, and note the parts that I have

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net presents another irrelevant citation: Generally speaking, New York respects a presumption that terms of a contract are covenants rather than conditions The GPL is very clear that its conditions are conditions. From version 2, and note the parts

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Rjack wrote: impossible condition And yet so easy to carry out. strictly construed *against* the drafter I eagerly await the court which will say so. Meanwhile, most distributors have no problem following the conditions of the GPL, including those who initially weren't and got caught.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Rjack wrote: Verizon told them to kiss their royal purple ass. The manufacturer of Verizon's routers makes the source code properly available on its web page, which is decorated with symbols of Linux and the FSF. While you would like to believe that Verizon deliberately violates the GPL and

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Rahul Dhesi wrote: Rjack u...@example.net presents another irrelevant citation: Generally speaking, New York respects a presumption that terms of a contract are covenants rather than conditions The GPL is very clear that its conditions are conditions. From version 2, and note the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
David Kastrup wrote: [...] They are correct Hymen. Section 2(b) is an *illegal* contractual term. Just for the sake of playing with you: if that were a case, the legal document would be invalid. Dak, dak, dak. Are you still in Germany? Don't you know that resulting from Harald Welte's

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Peter Köhlmann
Alexander Terekhov wrote: David Kastrup wrote: [...] They are correct Hymen. Section 2(b) is an *illegal* contractual term. Just for the sake of playing with you: if that were a case, the legal document would be invalid. Dak, dak, dak. Are you still in Germany? Don't you know that

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Peter Köhlmann wrote: Alexander Terekhov wrote: David Kastrup wrote: [...] They are correct Hymen. Section 2(b) is an *illegal* contractual term. Just for the sake of playing with you: if that were a case, the legal document would be invalid. Dak, dak, dak. Are you

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Hyman Rosen wrote: [...] the GPL is voluntary. Go to doctor, Hyman. http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt ... you MUST give the recipients ... You MUST make sure that they, too, receive or can get the source code ... you MUST show them these terms ... any patent MUST be

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Alexander Terekhov wrote: Hyman Rosen wrote: the GPL is voluntary. How on earth could you call all that voluntary Because no one is forced to accept those conditions. They choose them voluntarily as the cost of copying and distributing the code. It is voluntary in exactly the same way as

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Hyman Rosen wrote: [...] http://cyberlaw.stanford.edu/packet/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh Hey Hyman, consider how the case ended: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA THERAPEUTIC RESEARCH FACULTY Plaintiff, vs.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Alexander Terekhov wrote: Hey Hyman, consider how the case ended: ... have reached a settlement in this matter whereby Plaintiff has agreed to dismiss the entire action against Defendants with prejudice, with each party to bear its own attorneys’ fees and costs incurred in this action;

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Hyman Rosen wrote: the GPL is voluntary. How on earth could you call all that voluntary Because no one is forced to accept those conditions. They choose them voluntarily as the cost of copying and distributing the code. It is voluntary in

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Hey Hyman, consider how the case ended: ... have reached a settlement in this matter whereby Plaintiff has agreed to dismiss the entire action against Defendants with prejudice, with each party to bear its own attorneys’ fees and

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Alexander Terekhov wrote: You confuse various concepts, Hyman. Would you call a condition to pay as in The Court will retain jurisdiction to enforce the payment terms of the settlement for a period of thirty (30) days. voluntary as well? I have no idea what you even mean here. Assuming the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Alexander Terekhov wrote: Verizon reached a settlement with SFLC's clients? Of course. That's why the case was dismissed. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rahul Dhesi
Rjack u...@example.net writes: [ original on the topic of conditions versus covenants ] Any attempt otherwise to [do other things] will AUTOMATICALLY TERMINATE your rights under this License. [A] breach by one party does not automatically result in rescission of a contract Uh-oh.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Hyman Rosen wrote: [...] If someone chooses to copy and distribute GPLed code, they can do so legally only if they accept the GPL, because nothing else gives them permission to do this. If they accept the GPL, they must follow its dictates. If someone copies and distributes GPLed code and

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Verizon reached a settlement with SFLC's clients? Of course. That's why the case was dismissed. LOL. Go to doctor, Hyman. regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread David Kastrup
Peter Köhlmann peter.koehlm...@arcor.de writes: Alexander Terekhov wrote: David Kastrup wrote: [...] They are correct Hymen. Section 2(b) is an *illegal* contractual term. Just for the sake of playing with you: if that were a case, the legal document would be invalid. Dak, dak,

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Alexander Terekhov wrote: Why do you confuse the GPL dictates with the copyright, Hyman? Because it's true, and it's confirmed by http://cyberlaw.stanford.edu/packet/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh. ___

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Alexander Terekhov wrote: LOL. Go to doctor, Hyman. You would prefer to believe that Verizon is deliberately flouting the GPL and that the SFLC is too timid to pursue them, but there is no evidence for this. ___ gnu-misc-discuss mailing list

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread David Kastrup
Rjack u...@example.net writes: Rahul Dhesi wrote: Rjack u...@example.net presents another irrelevant citation: Generally speaking, New York respects a presumption that terms of a contract are covenants rather than conditions The GPL is very clear that its conditions are conditions.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
David Kastrup wrote: [... GPL ...] There is no contract Let the judges in Munich and Frankfurt know about that, dear GNUtian dak. http://www.jbb.de/urteil_lg_muenchen_gpl.pdf http://www.jbb.de/urteil_lg_frankfurt_gpl.pdf (in English) http://www.jbb.de/judgment_dc_munich_gpl.pdf

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: LOL. Go to doctor, Hyman. You would prefer to believe that Verizon is deliberately flouting the GPL and that the SFLC is too timid to pursue them, but there is no evidence for this. ROFL.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [... GPL ...] There is no contract Let the judges in Munich and Frankfurt know about that, dear GNUtian dak. http://www.jbb.de/urteil_lg_muenchen_gpl.pdf http://www.jbb.de/urteil_lg_frankfurt_gpl.pdf (in English)

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [... GPL ...] There is no contract Let the judges in Munich and Frankfurt know about that, dear GNUtian dak. http://www.jbb.de/urteil_lg_muenchen_gpl.pdf

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: [ original on the topic of conditions versus covenants ] Any attempt otherwise to [do other things] will AUTOMATICALLY TERMINATE your rights under this License. [A] breach by one party does not automatically result in rescission of a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rjack
Hyman Rosen wrote: Alexander Terekhov wrote: LOL. Go to doctor, Hyman. You would prefer to believe that Verizon is deliberately flouting the GPL and that the SFLC is too timid to pursue them, but there is no evidence for this. Verizon has a voluntary dismissal WITH PREJUDICE. Surely, the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Rjack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [... GPL ...] There is no contract Let the judges in Munich and Frankfurt know about that, dear GNUtian dak. http://www.jbb.de/urteil_lg_muenchen_gpl.pdf http://www.jbb.de/urteil_lg_frankfurt_gpl.pdf

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-25 Thread Hyman Rosen
Alexander Terekhov wrote: Apparently though open source types (like myself) thought the Verizon thing was a big deal, it apparently never reached the radar screen of Verizon's top exec. Go figure. Thank you for providing evidence that Verizon is not deliberately flouting the GPL. I will now

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rahul Dhesi
Rjack u...@example.net writes: [ still arguing promissory estoppel ] How do you get promissory estoppel without a promise? 2. You may modify your copy or copies of the Program or any portion of it... Permission alone is not a promise. What is the writer of the GPL promising to do or not to

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: [ still arguing promissory estoppel ] How do you get promissory estoppel without a promise? 2. You may modify your copy or copies of the Program or any portion of it... Permission alone is not a promise. What is the writer of the GPL

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Alan Mackenzie
In gnu.misc.discuss amicus_curious a...@sti.net wrote: Alan Mackenzie a...@muc.de wrote in message news:gnv0cu$28j...@colin2.muc.de... In gnu.misc.discuss amicus_curious a...@sti.net wrote: Alan Mackenzie a...@muc.de wrote in message news:gnujma$19h...@colin2.muc.de... Speaking for

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread amicus_curious
Alan Mackenzie a...@muc.de wrote in message news:go0t2l$12p...@colin2.muc.de... In gnu.misc.discuss amicus_curious a...@sti.net wrote: Alan Mackenzie a...@muc.de wrote in message news:gnv0cu$28j...@colin2.muc.de... In gnu.misc.discuss amicus_curious a...@sti.net wrote: Alan Mackenzie

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread amicus_curious
Rahul Dhesi c.c.ei...@xrexxcopyr.usenet.us.com wrote in message news:go0i73$nu...@blue.rahul.net... Rjack u...@example.net writes: [ still arguing promissory estoppel ] How do you get promissory estoppel without a promise? 2. You may modify your copy or copies of the Program or any

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: promissory estoppel There can be no promissory estoppel in the case of the GPL because it clearly spells out its requirements and consequences. The only promises violated are those in your fevered imagination. ___ gnu-misc-discuss

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: even if they must dismiss their clients case WITH PREJUDICE In every one of the SFLC's cases the defendants or their agents made the GPLed sources available. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: Ummm. . . do you *really* believe that: 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above . . . doesn't offer a promise of

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Peter Köhlmann
amicus_curious wrote: Rahul Dhesi c.c.ei...@xrexxcopyr.usenet.us.com wrote in message news:go0i73$nu...@blue.rahul.net... Rjack u...@example.net writes: [ still arguing promissory estoppel ] How do you get promissory estoppel without a promise? 2. You may modify your copy or copies of

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
amicus_curious wrote: Rahul Dhesi c.c.ei...@xrexxcopyr.usenet.us.com wrote in message news:go0i73$nu...@blue.rahul.net... Rjack u...@example.net writes: [ still arguing promissory estoppel ] How do you get promissory estoppel without a promise? 2. You may modify your copy or copies of

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
amicus_curious a...@sti.net writes: David Kastrup d...@gnu.org wrote in message news:85fxi6u9li@lola.goethe.zz... amicus_curious a...@sti.net writes: Alan Mackenzie a...@muc.de wrote in message news:gnq384$27e...@colin2.muc.de... You could make the same sort of argument about any

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
amicus_curious a...@sti.net writes: Thufir Hawat hawat.thu...@gmail.com wrote in message news:gpjol.24760$ug1.4...@newsfe16.iad... On Sun, 22 Feb 2009 09:51:24 -0500, amicus_curious wrote: But the BusyBox authors are totally willing to give their work away and have been doing so for years.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:w4uol.33009$ci2.27...@newsfe09.iad... Rjack wrote: even if they must dismiss their clients case WITH PREJUDICE In every one of the SFLC's cases the defendants or their agents made the GPLed sources available. Actiontec was not an agent of

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
amicus_curious a...@sti.net writes: David Kastrup d...@gnu.org wrote in message news:85bpsuu9if@lola.goethe.zz... amicus_curious a...@sti.net writes: Rahul Dhesi c.c.ei...@xrexxcopyr.usenet.us.com wrote in message news:gnq41q$sr...@blue.rahul.net... amicus_curious a...@sti.net writes:

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Hyman Rosen wrote: Rjack wrote: even if they must dismiss their clients case WITH PREJUDICE In every one of the SFLC's cases the defendants or their agents made the GPLed sources available. In every one of the SFLC's cases the defendants won when the plaintiffs voluntarily dismissed their

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Ummm. . . do you *really* believe that: 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above . . . doesn't offer

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
Rjack u...@example.net writes: Peter Köhlmann wrote: That is something else entirely. You neglected that little tidbit that they distributed GPLed binaries. By not distributing the source, they were breaching the sole licence which allowed them to distribute the binaries in the first place

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread amicus_curious
David Kastrup d...@gnu.org wrote in message news:85eixnrgc6@lola.goethe.zz... amicus_curious a...@sti.net writes: David Kastrup d...@gnu.org wrote in message news:85fxi6u9li@lola.goethe.zz... amicus_curious a...@sti.net writes: Alan Mackenzie a...@muc.de wrote in message

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
amicus_curious a...@sti.net writes: Peter Köhlmann peter.koehlm...@arcor.de wrote in message Nobody can come up with the source is not changed, hunt it down yourself Would you have any trouble finding it? You say you know all about this stuff and you are known to be an idiot, so the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread amicus_curious
David Kastrup d...@gnu.org wrote in message news:85ab8brg9a@lola.goethe.zz... amicus_curious a...@sti.net writes: Thufir Hawat hawat.thu...@gmail.com wrote in message news:gpjol.24760$ug1.4...@newsfe16.iad... On Sun, 22 Feb 2009 09:51:24 -0500, amicus_curious wrote: But the BusyBox

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
amicus_curious wrote: Actiontec was not an agent of Verizon. Verizon did not make the GPL for Actiontec devices available. Ergo your statement is false. Verizon gets its routers from Actiontec. It makes firmware upgrades available through a URL containing actiontec gateway. It's not at all

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: In every one of the SFLC's cases the defendants won when the plaintiffs voluntarily dismissed their frivolous claims. A fact that is independently verifiable through federal court records. In every one of the cases, the plaintiffs demanded that the defendants comply with the GPL.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread amicus_curious
David Kastrup d...@gnu.org wrote in message news:8563izrg2d@lola.goethe.zz... amicus_curious a...@sti.net writes: David Kastrup d...@gnu.org wrote in message news:85bpsuu9if@lola.goethe.zz... amicus_curious a...@sti.net writes: Rahul Dhesi c.c.ei...@xrexxcopyr.usenet.us.com wrote

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: It offers a promise of copyright permissions provided the *legal*, enforcable license terms are obeyed. You are continuing to offer the argument of the orphan who murdered his parents. You would be in for a rude surprise in the real world. Fortunately for you, this is just Usenet.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
amicus_curious a...@sti.net writes: Ben Pfaff b...@cs.stanford.edu wrote in message news:87myce5s72@blp.benpfaff.org... amicus_curious a...@sti.net writes: No one takes apart complex applications in order to change them, there is no value in having all those restrictions as posed by

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
amicus_curious a...@sti.net writes: You seem to be fixated on the text of the GPL. I don't disagree with what it says. I disagree with the notion that it has any practical value. It is just an ego trip for the author to see his stuff scattered around the internet. It doesn't help a soul,

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: amicus_curious wrote: The FSF is a whole different issue. Here we are talking about the two fellas who authored BusyBox. Did you come in late? Unless you have evidence to the contrary, the logical assumption is that people who adopt a license with

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Alexander Terekhov
Hyman Rosen wrote: [...] In every one of the cases, the plaintiffs demanded that the defendants comply with the GPL. Why don't you quote the corresponding passages (demanding that the defendants comply with the GPL) from the plaintiffs' complaint(s)? Stop hallucinating, Hyman.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Peter Köhlmann
amicus_curious wrote: David Kastrup d...@gnu.org wrote in message news:85ab8brg9a@lola.goethe.zz... amicus_curious a...@sti.net writes: Thufir Hawat hawat.thu...@gmail.com wrote in message news:gpjol.24760$ug1.4...@newsfe16.iad... On Sun, 22 Feb 2009 09:51:24 -0500, amicus_curious

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Alexander Terekhov wrote: Why don't you quote the corresponding passages (demanding that the defendants comply with the GPL) from the plaintiffs' complaint(s)? Stop hallucinating, Hyman. http://en.wikipedia.org/wiki/Settlement_(litigation) In other situations (as where the claims have been

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Hyman Rosen wrote: Rjack wrote: In every one of the SFLC's cases the defendants won when the plaintiffs voluntarily dismissed their frivolous claims. A fact that is independently verifiable through federal court records. In every one of the cases, the plaintiffs demanded that the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Hyman Rosen wrote: Rjack wrote: It offers a promise of copyright permissions provided the *legal*, enforcable license terms are obeyed. You are continuing to offer the argument of the orphan who murdered his parents. You would be in for a rude surprise in the real world. Fortunately for you,

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: Verizon told them to kiss their royal purple ass. They didn't post any code. How many times does Alexander have to explain things to you? Verizon provides a URL through which firmware upgrades can be downloaded. That URL contains actiontec gateway, suggesting that the firmware

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: Huh? They told me I could do A if I did B, but I didn't think that I really needed to do B so I did A anyway and now they're suing me and it's not fair because they promised! That's how promissory estoppel applies to the GPL. It's the argument of a whiny crybaby.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Alexander Terekhov wrote: Hyman Rosen wrote: [...] In every one of the cases, the plaintiffs demanded that the defendants comply with the GPL. Why don't you quote the corresponding passages (demanding that the defendants comply with the GPL) from the plaintiffs' complaint(s)? Stop

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: THe SFLC has *never* requested the defendants be forced to post the source code. Of course not. No one can be forced to post source code, because the GPL is voluntary. The SFLC sued for copyright violation. In all the cases, the defendants or their agents then decide that they

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Hyman Rosen wrote: Rjack wrote: THe SFLC has *never* requested the defendants be forced to post the source code. Of course not. No one can be forced to post source code, because the GPL is voluntary. The SFLC sued for copyright violation. In all the cases, the defendants or their agents

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: Maybe reality will return for you too. After each case filed by the SFLC, the defendants or their agents made the GPLed sources available, complying with the terms of the GPL. That is all the reality I need. It is the anti-GPL folks who engage in fever dreams about all the ways in

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Maybe reality will return for you too. After each case filed by the SFLC, the defendants or their agents made the GPLed sources available, complying with the terms of the GPL. That is all the reality I need. It is the anti-GPL folks who engage in fever

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: imaginary settlements In each case filed by the SFLC, the defendants or their agents have made the GLPed sources available in proper compliance with the GPL. That perfectly real source code is available for download from perfectly real web sites.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: Rjack wrote: imaginary settlements In each case filed by the SFLC, the defendants or their agents have made the GLPed sources available in proper compliance with the GPL. That perfectly real source code is available for download from perfectly real web

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: In each case filed by the SFLC, the defendants have always received a voluntary dismissal without any judgment being rendered against them whatsoever. And no one is arguing otherwise. Most cases settle. The goal of the SFLC is to promote compliance with the GPL. In each case they

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rahul Dhesi
Rjack u...@example.net writes: [ still arguing promissory estoppel ] Permission is a voluntary waiver of a legal right ... The waiver of a legal right also constitutes consideration for a promise: 'In general a waiver of any legal right at the request of another party is a sufficient

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Ben Pfaff wrote: Hyman Rosen hyro...@mail.com writes: Rjack wrote: In each case filed by the SFLC, the defendants have always received a voluntary dismissal without any judgment being rendered against them whatsoever. And no one is arguing otherwise. Most cases settle. The goal of the SFLC

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:drvol.13172$hy7.3...@newsfe25.iad... Rjack wrote: Huh? They told me I could do A if I did B, but I didn't think that I really needed to do B so I did A anyway and now they're suing me and it's not fair because they promised! That's how

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Alan Mackenzie
In gnu.misc.discuss amicus_curious a...@sti.net wrote: Alan Mackenzie a...@muc.de wrote in message news:go0t2l$12p...@colin2.muc.de... In gnu.misc.discuss amicus_curious a...@sti.net wrote: Alan Mackenzie a...@muc.de wrote in message news:gnv0cu$28j...@colin2.muc.de... In gnu.misc.discuss

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: Interpretation of a copyright license as a contract makes all the difference in the world concerning enforcement. This is false. See, for example, http://cyberlaw.stanford.edu/packet/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh where a court

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread David Kastrup
Rjack u...@example.net writes: Hyman Rosen wrote: Rjack wrote: imaginary settlements In each case filed by the SFLC, the defendants or their agents have made the GLPed sources available in proper compliance with the GPL. That perfectly real source code is available for download from

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Alan Mackenzie
In gnu.misc.discuss Thufir Hawat hawat.thu...@gmail.com wrote: On Tue, 24 Feb 2009 13:35:17 +, Alan Mackenzie wrote: They sell a comprehensive solution that is dependent on their hardware, just like Actiontec sells a router as a comprehensive functional device. No, actually, OS/X isn't

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Interpretation of a copyright license as a contract makes all the difference in the world concerning enforcement. This is false. See, for example, http://cyberlaw.stanford.edu/packet/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-24 Thread Hyman Rosen
Rjack wrote: Huh? What the hell does your cited case have to 17 USC 301(a)? Nothing at all, since federal preemption of copyright has absolutely nothing to do with the GPL. The cited case demonstrates that even though there was a contract between the rights holder and the user, when the user

<    1   2   3   4   5   >