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

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: 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: 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: 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: 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: 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: 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: 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: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
RJack wrote: RJack wrote: PACER: SFLC just voluntarily dismissed GCI Technologies Corp. Uh, where is the SFLC's fucking press release triumphing yet another GPL 'settlement victory'? In the meantime http://www.cortex-pro.com/hdc_3000.php?t=3 is still in breach. regards, alexander.

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: RJack wrote: RJack wrote: PACER: SFLC just voluntarily dismissed GCI Technologies Corp. Uh, where is the SFLC's fucking press release triumphing yet another GPL 'settlement victory'? In the meantime

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: RJack wrote: PACER: SFLC just voluntarily dismissed GCI Technologies Corp. Uh, where is the SFLC's fucking press release triumphing yet another GPL 'settlement victory'? In the meantime

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: RJack wrote: PACER: SFLC just voluntarily dismissed GCI Technologies Corp. Uh, where is the SFLC's fucking press release triumphing yet another GPL

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/10/2010 11:35 AM, Alexander Terekhov wrote: In the meantime http://www.cortex-pro.com/hdc_3000.php?t=3 is still in breach. Not any more. On that page, we now have HDC-3000 Open Source Release http://www.cortex-pro.com/upload/march122010/hdc-3000.zip Note: This is not a

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/15/2010 3:20 PM, Alexander Terekhov wrote: Did you check the completeness of source code No. I'm insufficiently motivated to go set up a How do you know that GCI Tech. is not in breach then you silly? regards, alexander. P.S. I'm insufficiently motivated to go

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/15/2010 3:20 PM, Alexander Terekhov wrote: Did you check the completeness of source code No. I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/15/2010 4:02 PM, Alexander Terekhov wrote: How do you know that GCI Tech. is not in breach then Because they settled with the SFLC, demonstrated by the SFLC dismissing its case. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC is SOL

2010-05-04 Thread Rex Ballard
On Mar 9, 3:42 am, David Kastrup d...@gnu.org wrote: 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. Actually, the defendents are required by law to file a response. If they

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/15/2010 4:02 PM, Alexander Terekhov wrote: How do you know that GCI Tech. is not in breach then Because they settled with the SFLC, demonstrated by the SFLC dismissing its case. http://www.sciencedaily.com/releases/2009/10/091020161950.htm Hth, Hyman. regards,

Re: SFLC is SOL

2010-05-04 Thread RJack
Rex Ballard wrote: And before ANY of that goes to a jury, both sides have to show their cards to the Judge and to each other. Before ANY of this even goes to the discovery stage, the defendants will file FRCP Rule 12 Motions to Dismiss challenging the legal enforceability of the GPL

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/15/2010 6:03 PM, RJack wrote: You may accept as gospel that at some point before general discovery begins, a Motion to Dismiss based on 17 USC 301 and federal preemption as well as a claim of misuse of copyright will be filed that challenges the GPL. That seems unlikely since federal

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/15/2010 6:03 PM, RJack wrote: You may accept as gospel that at some point before general discovery begins, a Motion to Dismiss based on 17 USC 301 and federal preemption as well as a claim of misuse of copyright will be filed that challenges the GPL. That

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 6:58 AM, Alexander Terekhov wrote: Hyman Rosen wrote: federal preemption of state copyright enforcement has nothing to do with the GPL. It's about http://escholarship.org/uc/item/31t5x09h (eScholarship: Copyright Preemption of Contracts) http://escholarship.org/uc/item/31t5x09h

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [... http://escholarship.org/uc/item/31t5x09h ...] As usual, the sources you cite contradict your thesis. Preemption is entirely irrelevant to the GPL. Read a bit more than a couple of introductory paragraphs, silly Hyman. Courts simply attempt to apply to contract claims

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 10:05 AM, Alexander Terekhov wrote: Read a bit more than a couple of introductory paragraphs Nothing else you quote at all supports the notion that preemption has anything to do with the GPL. That's not surprising, since preemption has nothing to do with the GPL. That is a

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/16/2010 10:05 AM, Alexander Terekhov wrote: Read a bit more than a couple of introductory paragraphs Nothing else you quote at all supports the notion that preemption has anything to do with the GPL. That's not surprising, since preemption has nothing to do with the

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: On 3/16/2010 10:05 AM, Alexander Terekhov wrote: Read a bit more than a couple of introductory paragraphs Nothing else you quote at all supports the notion that preemption has anything to do with the GPL. That's not surprising, since preemption has

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Hyman Rosen wrote: On 3/16/2010 10:05 AM, Alexander Terekhov wrote: Read a bit more than a couple of introductory paragraphs Nothing else you quote at all supports the notion that preemption has anything to do with the GPL. That's not surprising, since

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
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 of this License. Supreme Court:

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 of this

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
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 by it. The Supreme Court says

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: 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

Re: SFLC is SOL

2010-05-04 Thread RJack
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-third party) to

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 by it. The

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
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. It requires that the party

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.

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 12:40 PM, RJack wrote: If you choose not to avail yourself of the permissions granted by the GPL, then you are not bound by it. The Supreme Court says that a contract cannot bind a non-party. Both of these things are simultaneously true. You seem very confused. Certainly if you

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
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 by

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 12:46 PM, RJack wrote: Plaintiffs Humax, Western Digital, JVC, Versa and Best BUy correctly asserted that the plaintiffs lack standing to bring the GPL claims. No, they are incorrect in their claim. The GPL attempts to grant benefits to all third parties (hence the name Public

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. It

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 11:51 AM, Alexander Terekhov wrote: To quote IBM: The ownership interests contributors to software licensed under the GPL might have in their modifications are seriously limited, given that any distribution of those modifications must be done under the terms of the GPL.

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: David Kastrup wrote: RJack u...@example.net writes: That's a really brilliant tautology. If I never use the GPL then the Supreme Court ruling doesn't apply! Clever. Really clever. You are getting this backwards. The Supreme Court talks about non-parties

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: On 3/16/2010 12:46 PM, RJack wrote: Plaintiffs Humax, Western Digital, JVC, Versa and Best BUy correctly asserted that the plaintiffs lack standing to bring the GPL claims. No, they are incorrect in their claim. Fortunately, we can just wait for the

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/16/2010 11:51 AM, Alexander Terekhov wrote: To quote IBM: The ownership interests contributors to software licensed under the GPL might have in their modifications are seriously limited, given that any distribution of those modifications must be done under the terms of

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 1:00 PM, RJack wrote: Even the distribution 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? 17 USC 106, of course. http://www.law.cornell.edu/uscode/17/usc_sec_17_0106000-.html

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] Copyright in a derivative work is held by both the original author and by the author of the derivative work, and therefore Read 17 USC 103, retard Hyman. And think of derivative works based on public domain material. The copyright in a compilation or derivative work

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 12:28 PM, Alexander Terekhov wrote: Hyman Rosen wrote: Copyright in a derivative work is held by both the original author and by the author of the derivative work, and therefore Read 17 USC 103. And think of derivative works based on public domain material. A derivative work

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] For example, an author may have someone prepare a translation of his work into a different language, and the translator then owns copyright in the translation, but may not copy and distribute the translation without permission from the original author because the

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/16/2010 1:00 PM, RJack wrote: Even the distribution 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? 17 USC 106, of course.

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 12:45 PM, Alexander Terekhov wrote: The ownership interests translators to works licensed under the GPL might have in their translations are seriously limited, given that any distribution of those translations must be done under the terms of the GPL. Yes, choosing to create a work

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 1:54 PM, RJack wrote: There exist two mutually exclusive copyrights in a derivative work (17 USC § 103). Nothing but a claim of *contract* will legally secure the two mutually exclusive permissions required to distribute a derivative work as a whole. (Assuming two authors). The

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: On 3/16/2010 12:45 PM, Alexander Terekhov wrote: The ownership interests translators to works licensed under the GPL might have in their translations are seriously limited, given that any distribution of those translations must be done under the terms of

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 12:45 PM, Alexander Terekhov wrote: The ownership interests translators to works licensed under the GPL might have in their translations are seriously limited, given that any distribution of those translations must be done under the terms of the GPL. Yes, choosing to create a work

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] work be covered by the GPL doesn't change that. However, this license is useless without a matching license in the Re matching license to retarded gnutians: http://www.sciencedaily.com/releases/2009/10/091020161950.htm Hth, Hyman. regards, alexander. P.S. I'm

Re: SFLC is SOL

2010-05-04 Thread Alan Mackenzie
In gnu.misc.discuss David Kastrup d...@gnu.org wrote: The complaint is not relevant for a settlement out of court anyway. The past misconduct can't be cured by distributing complaint source with non-corresponding newer binaries. Why would one want to distribute a writ with the newer binaries?

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/22/2010 3:56 PM, RJack wrote: Just for once Hyman, try to read the Complaint. Andersen claims (falsely) that he owns BusyBox, v.0.60.3 -- that's exactly what he re4gistered with the Copyright Office. His claim to ownership of BusyBox, v.0.60.3 is the *only* thing that gives the court

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 2:43 PM, Alexander Terekhov wrote: The unadorned copyright doesn't not put restrictions on terms and conditions of licensing of the new copyright in a derivative work (which is exclusive rights and which belongs to the author of derivative work) to all third parties thereby creating

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/22/2010 1:08 PM, RJack wrote: Hyman Rosen wrote: On 3/22/2010 11:30 AM, RJack wrote: It is easily verified that neither link leads to the alleged infringed program source code. Of what use is a transparent lie? Transparent lie? TRANSPARENT LIE??? Show me a link to the

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] Yes. Preemption would apply when state law attempted to restrict what is otherwise permitted in terms similar to copyright. But the GPL does not restrict any behavior permitted by unadorned copyright law, and therefore preemption is irrelevant to the GPL. The

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/16/2010 4:39 PM, Alexander Terekhov wrote: The unadorned copyright doesn't, (does) not put restrictions on terms and conditions of licensing of the new copyright in a derivative work (which is exclusive right and which belongs to the author of derivative work) to all third parties thereby

Re: SFLC is SOL

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: Just for once Hyman, try to read the Complaint. Andersen claims (falsely) that he owns BusyBox, v.0.60.3 -- that's exactly what he re4gistered with the Copyright Office. His claim to ownership of BusyBox, v.0.60.3 is the *only* thing that

Re: SFLC is SOL

2010-05-04 Thread RJack
Just as I predicted, a familiar pattern is emerging in the Best Buy et. al. charade. The SFLC has stipulated extensions of time in Best Buy and Western Digital discovery schedules so that overseas licensors may be further investigated. This is the same pattern as Verizon (who also told them to

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] to continue, and we indeed already have compliance from one of the defendants in the recent filings. Wow, you already have compliance one of the defendants? Sez who? LMAO, silly Hyman! regards, alexander. P.S. I'm insufficiently motivated to go set up a GNU/Linux

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/22/2010 11:30 AM, RJack wrote: It is easily verified that neither link leads to the alleged infringed program source code. Of what use is a transparent lie? Transparent lie? TRANSPARENT LIE??? Show me a link to the source code for BusyBox,

Re: SFLC is SOL

2010-05-04 Thread RJack
Alexander Terekhov wrote: Hyman Rosen wrote: [...] to continue, and we indeed already have compliance from one of the defendants in the recent filings. Wow, you already have compliance one of the defendants? Sez who? LMAO, silly Hyman! The SFLC retreat into total defeat is easily

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Just for once Hyman, try to read the Complaint. Andersen claims (falsely) that he owns BusyBox, v.0.60.3 -- that's exactly what he re4gistered with the Copyright Office. His claim to ownership of BusyBox, v.0.60.3 is the *only* thing that gives the court

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/19/2010 2:14 PM, Alexander Terekhov wrote: Wow, you already have compliance one of the defendants? Sez who? The web page of the defendants, here: HDC-3000 Open Source Release http://www.cortex-pro.com/upload/march122010/hdc-3000.zip Note: This is not a required download.

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/19/2010 4:15 PM, RJack wrote: The plaintiffs can verify absolutely *nothing* about their vacuous propaganda claims of compliance. Of course they can. Verification is as simple as going to the web page of the defendants and seeing that the GPLed sources are now being

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/19/2010 4:15 PM, RJack wrote: The plaintiffs can verify absolutely *nothing* about their vacuous propaganda claims of compliance. Of course they can. Verification is as simple as going to the web page of the defendants and seeing that the GPLed sources are now being properly distributed:

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/22/2010 11:30 AM, RJack wrote: It is easily verified that neither link leads to the alleged infringed program source code. Of what use is a transparent lie? The source code for BusyBox is included in http://www.cortex-pro.com/upload/march122010/hdc-3000.zip.

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 3/19/2010 2:38 PM, RJack wrote: This is the same pattern as Verizon (who also told them to kiss their ass) After the case against Verizon ended, Verizon made the GPL-ed sources properly available. Thus, a successful outcome for the SFLC. The SFLC will *never* voluntarily allow a federal

Re: SFLC is SOL

2010-05-04 Thread Rex Ballard
On Mar 15, 6:03 pm, RJack u...@example.net wrote: Rex Ballard wrote: And before ANY of that goes to a jury, both sides have to show their  cards to the Judge and to each other. Before ANY of this even goes to the discovery stage, the defendants will file FRCP Rule 12 Motions to Dismiss

Re: SFLC is SOL

2010-05-04 Thread Hadron
Rex Ballard rex.ball...@gmail.com writes: On Mar 15, 6:03 pm, RJack u...@example.net wrote: Rex Ballard wrote: And before ANY of that goes to a jury, both sides have to show their  cards to the Judge and to each other. Before ANY of this even goes to the discovery stage, the defendants

Re: SFLC is SOL

2010-05-04 Thread amicus_curious
Hadron hadronqu...@gmail.com wrote in message news:rs3c97-ep1@news.eternal-september.org... Rex Ballard rex.ball...@gmail.com writes: On Mar 15, 6:03 pm, RJack u...@example.net wrote: Rex Ballard wrote: And before ANY of that goes to a jury, both sides have to show their cards to

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
amicus_curious a...@sti.net writes: Hadron hadronqu...@gmail.com wrote in message news:rs3c97-ep1@news.eternal-september.org... Answer : yes they are. And no amount of whining and freetardery will change that. Things are not that simple, else, why have lawyers? If you, say, take a

Re: SFLC is SOL

2010-05-04 Thread Rex Ballard
On Apr 12, 8:36 pm, amicus_curious a...@sti.net wrote: Hadron hadronqu...@gmail.com wrote in message news:rs3c97-ep1@news.eternal-september.org... Rex Ballard rex.ball...@gmail.com writes: On Mar 15, 6:03 pm, RJack u...@example.net wrote: Rex Ballard wrote: And before ANY of

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 4/12/2010 8:36 PM, amicus_curious wrote: Now consider that the binary form of a software program is the image. Then the computer used to compile the software binary is, in effect, the camera and the source code is the directions on where to stand and where to point the camera. Is that source

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Good morning Hyman! Hyman Rosen wrote: [...] hence the insistence that the GPL is not a contract. http://www.cafc.uscourts.gov/opinions/08-1001.pdf Under California contract law... http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 --- This is not legal advice... As an attorney

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 4/13/2010 9:20 AM, Alexander Terekhov wrote: http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 I can quote meaningless random papers too! http://www.sapnakumar.org/EnfGPL.pdf But no matter how one construes the GPL, the requirement of consideration is not met. Though the

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/12/2010 8:36 PM, amicus_curious wrote: Now consider that the binary form of a software program is the image. Then the computer used to compile the software binary is, in effect, the camera and the source code is the directions on where to stand and where to point the

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/13/2010 9:20 AM, Alexander Terekhov wrote: http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 dteme...@nvalaw.com is a real attorney spending a great deal of time on software related IP licensing and litigation matters. http://nvalaw.com/ I can quote

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 4/13/2010 10:01 AM, RJack wrote: 1) The SFLC is being tried in a federal district in the Second Circuit not in the CAFC: The JMRI case would be useful as toilet paper (and nothing more) in the Second Circuit. The reasoning of the CAFC is sound, and therefore other courts can be expected to

Re: SFLC is SOL

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: On 4/13/2010 9:20 AM, Alexander Terekhov wrote: http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 dteme...@nvalaw.com is a real attorney spending a great deal of time on software related IP licensing and litigation matters.

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/13/2010 10:05 AM, Alexander Terekhov wrote: dteme...@nvalaw.com is a real attorney spending a great deal of time on software related IP licensing and litigation matters. Real attorneys who spend a great deal of time on IP licensing and litigation are unlikely to have

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 4/13/2010 10:25 AM, RJack wrote: No Article III standing http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=casecourt=usvol=504invol=555 As the parties invoking federal jurisdiction, respondents bear the burden of showing standing by establishing, inter alia, that they have

Re: SFLC is SOL

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/13/2010 10:25 AM, RJack wrote: No Article III standing http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=casecourt=usvol=504invol=555 As the parties invoking federal jurisdiction, respondents bear the burden of showing standing by establishing, inter alia, that

Re: SFLC is SOL

2010-05-04 Thread Hyman Rosen
On 4/13/2010 10:37 AM, RJack wrote: Hyman you bandy about the term open license as if it is a special, exceptional category of copyright license -- it isn't. Open licenses are special, since they are offered unilaterally by licensors without communication or agreement with licensees. ALL

Re: SFLC is SOL

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/13/2010 10:37 AM, RJack wrote: Hyman you bandy about the term open license as if it is a special, exceptional category of copyright license -- it isn't. Open licenses are special, since they are offered unilaterally by licensors without communication or