Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 1:13 PM, Alexander Terekhov wrote: And no costs against SFLC. Ha, ha. 04/06/2010 103 STIPULATION OF DISMISSAL: Plaintiffs Software Freedom Conservancy, Inc. and Erik Andersen and Defendant Comtrend Corporation hereby stipulate to dismiss defendant Comtrend Corporation from this

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/7/2010 1:13 PM, Alexander Terekhov wrote: And no costs against SFLC. Ha, ha. 04/06/2010 103 STIPULATION OF DISMISSAL: Plaintiffs Software Freedom Conservancy, Inc. and Erik Andersen and Defendant Comtrend Corporation hereby stipulate to dismiss defendant Comtrend

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/7/2010 1:13 PM, Alexander Terekhov wrote: And no costs against SFLC. Ha, ha. 04/06/2010 103 STIPULATION OF DISMISSAL: Plaintiffs Software Freedom Conservancy, Inc. and Erik Andersen and Defendant Comtrend Corporation hereby stipulate to dismiss defendant

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 1:37 PM, RJack wrote: There is, of course, no link anywhere to BusyBox, v.0.60.3. for which the plaintiffs Complaint claims infringement. Interesting that your arguments have devolved into outright lying instead of merely being wrong. Pointless, too, since it is so easy to refute

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 1:40 PM, Alexander Terekhov wrote: Hyman Rosen wrote: http://www.comtrend.com/gplcddl.htm How did you come across that link? It's the I'm Feeling Lucky link in a Google search for comtrend gpl. Did you check the content of those tars? No. What exactly did you find in those

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/7/2010 1:37 PM, RJack wrote: There is, of course, no link anywhere to BusyBox, v.0.60.3. for which the plaintiffs Complaint claims infringement. Interesting that your arguments have devolved into outright lying instead of merely being wrong. Pointless, too, since it is

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/7/2010 1:40 PM, Alexander Terekhov wrote: Hyman Rosen wrote: http://www.comtrend.com/gplcddl.htm How did you come across that link? It's the I'm Feeling Lucky link in a Google search for comtrend gpl. Did you check the content of those tars? No. What exactly did

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/7/2010 1:40 PM, Alexander Terekhov wrote: Hyman Rosen wrote: http://www.comtrend.com/gplcddl.htm How did you come across that link? It's the I'm Feeling Lucky link in a Google search for comtrend gpl.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] The only mention of a particular version of BusyBox is A copyright claim requires to identify PARTICULAR EXPRESSION, you retard. regards, alexander. P.S. Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 2:14 PM, Alexander Terekhov wrote: http://web.archive.org/web/*/http://www.comtrend.com/gplcddl.htm Yes? The archive shows that a version of this page was present once in 2006 and throughout 2007, but not later. When present, it contained code for the CT-536+/CT-5621 product. The

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 2:18 PM, Alexander Terekhov wrote: A copyright claim requires to identify PARTICULAR EXPRESSION And once the defendants choose to point out that they are copying and distributing a different version, the BusyBox rights holders will simply register that version and go on with the

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] they came back into compliance... Sez who? Stop being utter retard Hyman. regards, alexander. P.S. Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law. Hyman Rosen hyro...@mail.com The Silliest GPL

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/7/2010 2:18 PM, Alexander Terekhov wrote: A copyright claim requires to identify PARTICULAR EXPRESSION And once the defendants choose to point out that they are copying and distributing a different version, the BusyBox rights holders will simply register that

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 2:35 PM, Alexander Terekhov wrote: Hyman Rosen wrote: they came back into compliance... Sez who? It is the natural implication of Comtrend being dropped from the suit and their GPL source code web page (re)appearing. You may try to demonstrate otherwise if you choose, but it is

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/7/2010 2:35 PM, Alexander Terekhov wrote: Hyman Rosen wrote: they came back into compliance... Sez who? It is the natural implication of Comtrend being dropped from the suit and their GPL source code Why don't you post here their GPL source code stupid Hyman?

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 3:07 PM, Alexander Terekhov wrote: Why don't you post here their GPL source code stupid Hyman? What their GPL source code are you talking about, idiot Hyman? The archives downloadable from http://www.comtrend.com/gplcddl.htm. That web page says The GPL source code contained in

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/7/2010 2:14 PM, Alexander Terekhov wrote: http://web.archive.org/web/*/http://www.comtrend.com/gplcddl.htm Yes? The archive shows that a version of this page was present once in 2006 and throughout 2007, but not later. When present, it contained code for the

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/7/2010 2:35 PM, Alexander Terekhov wrote: Hyman Rosen wrote: they came back into compliance... Sez who? It is the natural implication of Comtrend being dropped from the suit and their GPL source code web page (re)appearing. You may try to demonstrate otherwise if you

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 4:30 PM, RJack wrote: What appears to have happened is that the SFLC filed a mindless copyright infringement claim concerning “BusyBox, v.0.60.3.” that they can't possibly win so they are attempting to cut their losses as quickly as possible. Further prosecution of the suit would

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/7/2010 4:33 PM, RJack wrote: it'll help you get over your loss There is no loss. Rather, since Comtrend is now complying with the GPL, the SFLC has achieved its goal, and therefore has won. ___ gnu-misc-discuss mailing list

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/7/2010 4:33 PM, RJack wrote: it'll help you get over your loss There is no loss. Rather, since Comtrend is now complying with the GPL, the SFLC has achieved its goal, and therefore has won. Try something stronger Hyman -- maybe some Jack Daniels. Smooth sippin' for

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Chris Ahlstrom
Hyman Rosen pulled this Usenet boner: On 4/7/2010 4:30 PM, RJack wrote: What appears to have happened is that the SFLC filed a mindless copyright infringement claim concerning ?BusyBox, v.0.60.3.? that they can't possibly win so they are attempting to cut their losses as quickly as possible.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
amicus_curious wrote: Hyman Rosen hyro...@mail.com wrote in message news:e46vn.200849$dv7.17...@newsfe17.iad... On 4/7/2010 4:30 PM, RJack wrote: What appears to have happened is that the SFLC filed a mindless copyright infringement claim concerning “BusyBox, v.0.60.3.” that they

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/8/2010 1:14 PM, Alexander Terekhov wrote: amicus_curious wrote: I was curious as to what was actually posted and I found, by following the link: Not Found The requested document was not found on this server. MORON Hyman But the SFLC has already won, because it is the natural implication

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/8/2010 1:14 PM, Alexander Terekhov wrote: amicus_curious wrote: I was curious as to what was actually posted and I found, by following the link: Not Found The requested document was not found on this server. MORON Hyman But the SFLC has already won,

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Rex Ballard
On Apr 7, 1:13 pm, Alexander Terekhov terek...@web.de wrote: And no costs against SFLC. Ha, ha. 04/06/2010 103  STIPULATION OF DISMISSAL: Plaintiffs Software Freedom Conservancy, Inc. and Erik Andersen and Defendant Comtrend Corporation hereby stipulate to dismiss defendant Comtrend

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Rex Ballard wrote: On Apr 7, 1:13 pm, Alexander Terekhov terek...@web.de wrote: And no costs against SFLC. Ha, ha. 04/06/2010 103 STIPULATION OF DISMISSAL: Plaintiffs Software Freedom Conservancy, Inc. and Erik Andersen and Defendant Comtrend Corporation hereby stipulate to dismiss

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/8/2010 3:18 PM, RJack wrote: Post a verifiable settlement agreement or admit the SFLC cut and ran. It is not necessary to post a verifiable settlement agreement and it is probably impossible to do so, since settlements are often kept private. It is only necessary to see that the SFLC

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread chrisv
Hyman Rosen wrote: On 4/8/2010 3:18 PM, RJack wrote: Post a verifiable settlement agreement or admit the SFLC cut and ran. It is not necessary to post a verifiable settlement agreement and it is probably impossible to do so, since settlements are often kept private. It is only necessary to see

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
chrisv wrote: Hyman Rosen wrote: On 4/8/2010 3:18 PM, RJack wrote: Post a verifiable settlement agreement or admit the SFLC cut and ran. It is not necessary to post a verifiable settlement agreement and it is probably impossible to do so, since settlements are often kept private. It is

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/8/2010 3:18 PM, RJack wrote: Post a verifiable settlement agreement or admit the SFLC cut and ran. It is not necessary to post a verifiable settlement agreement and it is probably impossible to do so, since settlements are often kept private. It is only necessary to

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
chrisv wrote: Hyman Rosen wrote: On 4/8/2010 3:18 PM, RJack wrote: Post a verifiable settlement agreement or admit the SFLC cut and ran. It is not necessary to post a verifiable settlement agreement and it is probably impossible to do so, since settlements are often kept private. It is

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/8/2010 3:53 PM, RJack wrote: *When* they fix the broken link, will it point to the source code for BusyBox, v.0.60.3 as claimed in their frivolous lawsuit? Of course not, unless that is the version of the binary which the (former) defendants are distributing. You are also deliberately

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/8/2010 4:08 PM, RJack wrote: I tried that link yesterday and it pointed to a tarball of a recent (2008 I think) version of BusyBox. That's why in my prior post I asked why the link didn't point to BusyBox, v.0.60.3 as claimed in their frivolous infringement lawsuit. You are deliberately

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/8/2010 3:53 PM, RJack wrote: *When* they fix the broken link, will it point to the source code for BusyBox, v.0.60.3 as claimed in their frivolous lawsuit? Of course not, unless that is the version of the binary which the (former) defendants are distributing. You are

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: You are begging the question. How do you propose that a trier of fact compared an *unspecified* work that you refuse to identify with an *alleged* infringing copy? What's for the jury members to compare? Uh, by comparing code passages, like one always does in a

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] It is the job of the trier of fact to compare the *registered* work with the alleged infringing copy for substantial similarity. In the instant suit, no binary has been *registered* for comparison with the alleged infringing binary. I'll leave it to you to explain

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/8/2010 6:44 PM, RJack wrote: You are begging the question. How do you propose that a trier of fact compared an *unspecified* work that you refuse to identify with an *alleged* infringing copy? What's for the jury members to compare? Gathering such evidence will happen during discovery.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Alan Mackenzie wrote: [... typical Rex Ballard's amusing baloney ...] Thanks for this contribution! Seconded. regards, alexander. P.S. Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law. Hyman Rosen hyro...@mail.com The

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] Depositions will be taken in order to determine the provenance of the software being distributed by the defendants, . . . What are you smoking Hyman? regards, alexander. P.S. Every computer program in the world, BusyBox included, exceeds the originality standards

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 5:48 AM, Alexander Terekhov wrote: 324 Deposit for registration: identifying material. Yes, so? What does this have to do with registering source vs. binary? ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/8/2010 5:57 PM, RJack wrote: BusyBox, v.0.60.3 is the version of BusyBox registered with the Copyright Office by the plaintiff According to the complaint http://www.softwarefreedom.org/resources/2009/busybox-complaint-2009-12-14.pdf this is a version registered by

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/9/2010 5:48 AM, Alexander Terekhov wrote: 324 Deposit for registration: identifying material. Yes, so? A copyright claim requires to identify PARTICULAR EXPRESSION, you retard. Why don't you post here their GPL source code, stupid Hyman? What their GPL source

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 11:07 AM, Alexander Terekhov wrote: A copyright claim requires to identify PARTICULAR EXPRESSION Yes, so? Why don't you post here their GPL source code? For what? What their GPL source code are you talking about? The source code of BusyBox. As usual, you are failing to

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] via its license, the GPL. If defendants are copying and distributing any version of BusyBox without complying with the GPL, then they are infringing copyright. Sez who? regards, alexander. P.S. Every computer program in the world, BusyBox included, exceeds

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 11:26 AM, Alexander Terekhov wrote: Hyman Rosen wrote: [...] via its license, the GPL. If defendants are copying and distributing any version of BusyBox without complying with the GPL, then they are infringing copyright. Sez who? The Copyright Act, of course, in 17 USC 103:

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/8/2010 6:44 PM, RJack wrote: You are begging the question. How do you propose that a trier of fact compared an *unspecified* work that you refuse to identify with an *alleged* infringing copy? What's for the jury members to compare? Gathering such evidence will happen

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 11:07 AM, Alexander Terekhov wrote: A copyright claim requires to identify PARTICULAR EXPRESSION Yes, so? Why don't you post here their GPL source code? For what? What their GPL source code are you talking about? The source code of BusyBox. As usual, you

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 11:37 AM, RJack wrote: The claim processing rules dictated by 17 USC sec. 411(a) require the specific work be identified through registration with the Copyright Office. Stop making up nonsense Hyman. Tell it to the court:

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] http://www.bitlaw.com/source/17usc/103.html http://www.bitlaw.com/source/17usc/109.html See also [LOL] Hey Alan, Pee Jay's mind is going to explode soon thread here: Western Digital: Plaintiffs claims are barred by the first sale doctrine.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 11:51 AM, RJack wrote: You can only claim infringement for works that *you* own. Register *your* contribution and stop claiming rights to ownership of a derivative work as a whole. That's what registration of copyright means; it reflects the registrant's ownership of rights, but

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Hyman Rosen wrote: On 4/8/2010 6:44 PM, RJack wrote: You are begging the question. How do you propose that a trier of fact compared an *unspecified* work that you refuse to identify with an *alleged* infringing copy? What's for the jury members to compare?

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 11:37 AM, RJack wrote: The claim processing rules dictated by 17 USC sec. 411(a) require the specific work be identified through registration with the Copyright Office. Stop making up nonsense Hyman. Tell it to the court:

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: Hyman Rosen wrote: On 4/8/2010 6:44 PM, RJack wrote: You are begging the question. How do you propose that a trier of fact compared an *unspecified* work that you refuse to identify with an *alleged* infringing copy? What's for the jury

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] Like it happened every time so far. Like http://download.comtrend.com/CT-5361T-A131-306CTU-C04_R01_consumer_release.tar.gz you moron dak. regards, alexander. P.S. Every computer program in the world, BusyBox included, exceeds the originality standards

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright infringement of GPL-covered works, except in its usual sense. In particular, a copy of a GPL-covered work made for use does not become a copy

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 12:44 PM, RJack wrote: That's one of the slickest out of context edits I've seen for a while What do you believe the full context communicates that the excerpt does not? You're a great fan of provided that and may aren't you Hyman? The court plainly states that the remedy for

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright infringement of GPL-covered works, except in its usual sense. In particular, a copy of a GPL-covered work made for use does

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 12:44 PM, RJack wrote: That's one of the slickest out of context edits I've seen for a while What do you believe the full context communicates that the excerpt does not? You're a great fan of provided that and may aren't you Hyman? The court plainly states

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 12:52 PM, Alexander Terekhov wrote: Like http://download.comtrend.com/CT-5361T-A131-306CTU-C04_R01_consumer_release.tar.gz Sometimes a broken link is just a broken link. Sometimes a claimed victory is just propaganda hype. Sincerely, RJack :)

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 1:39 PM, RJack wrote: Yeah -- in a future action. So what? So if a court finds it cannot deal with a GPL copyright infringement claim because the particular infringed version isn't registered, the plaintiffs will register that version and bring the case again, just as the court

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 1:39 PM, RJack wrote: Yeah -- in a future action. So what? So if a court finds it cannot deal with a GPL copyright infringement claim because the particular infringed version isn't registered, the plaintiffs will register that version and bring the case again,

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 2:29 PM, RJack wrote: The GPL is preempted under U.S. copyright law The GPL functions properly under US copyright law. The preemption of state laws equivalent to copyright is irrelevant to the GPL. as well as being unenforceable under the common law of contracts. The GPL is not

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 2:29 PM, RJack wrote: The GPL is preempted under U.S. copyright law The GPL functions properly under US copyright law. The preemption of state laws equivalent to copyright is irrelevant to the GPL. as well as being unenforceable under the common law of

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 2:54 PM, RJack wrote: You can't accept illegal terms... the law refuses to enforce them. Fortunately the terms of the GPL are legal. Oh beautiful estoppel! Wondrous are your ways! You maketh my code public domain! Oh fair estoppel! There is no estoppel with

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 3:46 PM, RJack wrote: Crank this Mr. Denier: To apply the doctrine of promissory estoppel, the proponent must demonstrate: (1) a clear and unambiguous promise; (2) reasonable and foreseeable reliance by the party to whom the promise is made; and (3) an injury sustained in reliance

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 3:46 PM, RJack wrote: Crank this Mr. Denier: To apply the doctrine of promissory estoppel, the proponent must demonstrate: (1) a clear and unambiguous promise; (2) reasonable and foreseeable reliance by the party to whom the promise is made; and (3) an injury

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/9/2010 4:32 PM, RJack wrote: Don't go to a real court Hyman. You'll find the court won't indulge your denials anymore than the federal courts listened to the Birther's claims of non-citizenship for Obama. ROFL. According to this paper,

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Hyman Rosen wrote: On 4/9/2010 2:29 PM, RJack wrote: The GPL is preempted under U.S. copyright law The GPL functions properly under US copyright law. The preemption of state laws equivalent to copyright is irrelevant to the GPL. as well as being

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] According to this paper, http://www.sapnakumar.org/EnfGPL.pdf the GPL is not a contract. Part IV proposes that the GPL is a failed contract, which lacks only consideration. It advocates enforcing the license through state promissory estoppel law and the Copyright Act.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [... Pee Jays therom ...] a covered work, you indicate your acceptance of this License to do What part of YOU INDICATE ACCEPTANCE don't you understand retard dak? ACCEPTANCE is a contract thing, idiot. Whether this [act] constitutes a gratuitous license, or one for a

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/9/2010 4:32 PM, RJack wrote: Don't go to a real court Hyman. You'll find the court won't indulge your denials anymore than the federal courts listened to the Birther's claims of non-citizenship for Obama. ROFL. According to this paper,

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright infringement of GPL-covered works, except in its usual sense. In particular, a copy of a GPL-covered work made for use

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: [...] According to this paper, http://www.sapnakumar.org/EnfGPL.pdf the GPL is not a contract. Part IV proposes that the GPL is a failed contract, which lacks only consideration. It advocates enforcing the license through state

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [... Pee Jays therom ...] a covered work, you indicate your acceptance of this License to do What part of YOU INDICATE ACCEPTANCE don't you understand retard dak? ACCEPTANCE is a contract thing, idiot. Just because the

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright infringement of GPL-covered works, except in its usual sense. In

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: [...] According to this paper, http://www.sapnakumar.org/EnfGPL.pdf the GPL is not a contract. Part IV proposes that the GPL is a failed contract, which lacks only consideration. It advocates

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [... Pee Jays therom ...] a covered work, you indicate your acceptance of this License to do What part of YOU INDICATE ACCEPTANCE don't you understand retard dak? ACCEPTANCE is a contract

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Alexander Terekhov wrote: David Kastrup wrote: [...] Like it happened every time so far. Like http://download.comtrend.com/CT-5361T-A131-306CTU-C04_R01_consumer_release.tar.gz you moron dak. Actually it's there somewhere... It's just that it's a *moving target* now:

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] just a single hit to be relieved from compliance. So what does it tell us when they choose to comply after all (as they have consistently ended up with so far)? Like http://download.comtrend.com/CT-5361T-A131-306CTU-C04_R01_consumer_release.tar.gz you moron dak.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Alexander Terekhov wrote: Hyman Rosen wrote: On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright infringement of GPL-covered works, except in its usual sense. In particular, a copy of a

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: [...] According to this paper, http://www.sapnakumar.org/EnfGPL.pdf the GPL is not a contract. Part IV proposes that the GPL is a failed contract, which lacks only consideration. It advocates enforcing the

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [... Pee Jays therom ...] a covered work, you indicate your acceptance of this License to do What part of YOU INDICATE ACCEPTANCE don't you understand retard dak? ACCEPTANCE is a contract thing, idiot.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright infringement of GPL-covered works, except in its usual

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hadron
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] just a single hit to be relieved from compliance. So what does it tell us when they choose to comply after all (as they have consistently ended up with so far)? Like

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Alexander Terekhov wrote: David Kastrup wrote: [...] just a single hit to be relieved from compliance. So what does it tell us when they choose to comply after all (as they have consistently ended up with so far)? Like

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright infringement of

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: Hyman Rosen wrote: On 4/9/2010 12:12 PM, Alexander Terekhov wrote: http://www.bitlaw.com/source/17usc/109.html The First Sale doctrine has nothing to do with copyright

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] Why would they make the source code available without necessity? Out of court settlements are private. But the results speak for themselves. Like http://download.comtrend.com/CT-5361T-A131-306CTU-C04_R01_consumer_release.tar.gz you moron dak. regards,

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
Hadronhadronqu...@gmail.com writes: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] just a single hit to be relieved from compliance. So what does it tell us when they choose to comply after all (as they have consistently ended up with so far)? Like

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] Comply with a small number of clearly spelled out conditions, and you are fine, breach, and you are in trouble. It's not a particularly hard concept unless you are a troll. Samsung (several other 'humongous' defendants aside for a moment): Defendant alleges that

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] Why would they make the source code available without necessity? Out of court settlements are private. But the results speak for themselves. Like

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] Comply with a small number of clearly spelled out conditions, and you are fine, breach, and you are in trouble. It's not a particularly hard concept unless you are a troll. Samsung (several other 'humongous' defendants

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
RJack wrote: [...] Hyman has Pee Jay and Eben Moglen on his side. http://en.wikisource.org/wiki/FLOSS_Weekly_13:_Eben_Moglen_on_GPL_3.0 [Leo Laporte:] So, are you, you’re an attorney, Eben? [Eben Moglen:] Yes, that’s correct, I went to law school and got a history Ph.D. after a career as a

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] URL:http://www.comtrend.com/na/privacy.htm says LOL. Firmware/Software License Agreement In accordance with the terms accompanying the file (or the license authorization which was supplied with the original product) one copy of the firmware/software may be

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: [...] Let's see the judge take them up on this and other allegations. I rather expect them to come into compliance and drop out of the suit via that way rather than a ruling. Yeah, like Not Found The requested document was not found on this server.

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/10/2010 7:33 AM, Alexander Terekhov wrote: Hyman Rosen wrote: The First Sale doctrine has nothing to do with copyright infringement of GPL-covered works Samsung and several other defendants disagree with you The defendants, as is proper, throw up every possible legal defense against

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread Hyman Rosen
On 4/10/2010 9:32 AM, Alexander Terekhov wrote: Not Found The requested document was not found on this server. It is also the case that http://www.comtrend.com/na/contact.htm says Comtrend Corporation North America provides downloads by request only. so it may be that in order to get the

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/10/2010 9:32 AM, Alexander Terekhov wrote: Not Found The requested document was not found on this server. It is also the case that http://www.comtrend.com/na/contact.htm says Comtrend Corporation North America provides downloads by request only. so it may be that in

Re: SFLC stipulated dismissal of Comtrend without any settlement

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Hyman Rosen wrote: On 4/10/2010 9:32 AM, Alexander Terekhov wrote: Not Found The requested document was not found on this server. It is also the case that http://www.comtrend.com/na/contact.htm says Comtrend Corporation North America provides downloads by

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