Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Alexander Terekhov wrote: Alan Mackenzie wrote: In gnu.misc.discuss Alexander Terekhov wrote: David Kastrup wrote: How do you make your income, if you don't mind me asking, dak? I should think a lot more comfortably than you make friends. I should think that you are jobless, right? I'd th

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
Alan Mackenzie wrote: > > In gnu.misc.discuss Alexander Terekhov wrote: > > > David Kastrup wrote: > > >> > How do you make your income, if you don't mind me asking, dak? > > >> I should think a lot more comfortably than you make friends. > > > I should think that you are jobless, right? >

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alan Mackenzie
In gnu.misc.discuss Alexander Terekhov wrote: > David Kastrup wrote: >> > How do you make your income, if you don't mind me asking, dak? >> I should think a lot more comfortably than you make friends. > I should think that you are jobless, right? I'd think you're friendless, too, eh? > regar

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/16/2010 3:24 PM, RJack wrote: What is exactly your goal? To correct your incorrect statements. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/16/2010 2:52 PM, Alexander Terekhov wrote: Hyman Rosen wrote: You made a blanket comment that US law does not recognize the value of moral rights. http://cyber.law.harvard.edu/property/library/moralprimer.html "Under VARA, moral rights automatically vest in the author

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/16/2010 3:13 PM, Alexander Terekhov wrote: "a limited edition of 200 signed and numbered copies or fewer." It is a bit more like moral rights of art than moral rights of artists. They're trying to keep people from buying the Mona Lisa and drawing a mustache on it, but it's hard to write a

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: > > On 4/16/2010 2:52 PM, Alexander Terekhov wrote: > > Hyman Rosen wrote: > >> You made a blanket comment that US law does not recognize > >> the value of moral rights. > > > > http://cyber.law.harvard.edu/property/library/moralprimer.html > > > > "Under VARA, moral rights aut

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/16/2010 2:52 PM, Alexander Terekhov wrote: Hyman Rosen wrote: You made a blanket comment that US law does not recognize the value of moral rights. http://cyber.law.harvard.edu/property/library/moralprimer.html "Under VARA, moral rights automatically vest in the author of a "work of visua

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: > > On 4/16/2010 2:30 PM, RJack wrote: > > Yup. "Only the author of a work of visual art...". > > You made a blanket comment that US law does not recognize > the value of moral rights. http://cyber.law.harvard.edu/property/library/moralprimer.html "Under VARA, moral rights a

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/16/2010 2:30 PM, RJack wrote: Yup. "Only the author of a work of visual art...". You made a blanket comment that US law does not recognize the value of moral rights. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/15/2010 6:34 PM, RJack wrote: The value of a nonexclusive copyright license like the GPL > is called its "contractual interest". Something like this: SANTA CLARA, CA January 16, 2008 Sun Microsystems,

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/15/2010 6:34 PM, RJack wrote: The value of a nonexclusive copyright license like the GPL > is called its "contractual interest". Something like this: SANTA CLARA, CA January 16, 2008 Sun Microsystems, Inc. (NASDAQ: JAVA)

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: > > Alexander Terekhov writes: > > > David Kastrup wrote: > >> > >> RJack writes: > >> > >> > Now for my prediction for the resolution of Software Freedom > >> > Conservancy, Inc. v. Best Buy Co., Inc. et. al. > >> > > >> > I predict that Judge Scheindlin will grant a Moti

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread David Kastrup
Alexander Terekhov writes: > David Kastrup wrote: >> >> RJack writes: >> >> > Now for my prediction for the resolution of Software Freedom >> > Conservancy, Inc. v. Best Buy Co., Inc. et. al. >> > >> > I predict that Judge Scheindlin will grant a Motion to Dismiss >> > pursuant to F.R.C.P. Rul

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
peterwn wrote: On Apr 16, 2:36 am, Hyman Rosen wrote: On 4/15/2010 9:43 AM, RJack wrote: The statement ". . . (a) Plaintiffs’ copyrights are unique and valuable property whose market value is impossible to assess, . . ." automatically establishes the fact that any alleged injury is "conjectu

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread peterwn
On Apr 16, 2:36 am, Hyman Rosen wrote: > On 4/15/2010 9:43 AM, RJack wrote: > > > The statement ". . . (a) Plaintiffs’ copyrights are unique and valuable > > property whose market value is impossible to assess, . . ." > > automatically establishes the fact that any alleged injury is > > "conjectur

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: > > RJack writes: > > > Now for my prediction for the resolution of Software Freedom > > Conservancy, Inc. v. Best Buy Co., Inc. et. al. > > > > I predict that Judge Scheindlin will grant a Motion to Dismiss > > pursuant to F.R.C.P. Rule 12(b)(1). She will dismiss the lawsu

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/15/2010 12:00 PM, RJack wrote: Hyman Rosen wrote: "The GPL is Not a Contract" -- "Whether express or implied, a license is a contract 'governed by ordinary principles of state contract law.'"; McCoy v. Mitsuboshi Cutlery, Inc.,

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/15/2010 12:45 PM, Alexander Terekhov wrote: Him is she, you idiot. I am insufficiently familiar with Indian-sounding names to determine their gender. The gender of the author has no bearing on the validity of the work, in any case. ___ gnu-misc-d

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: > > On 4/15/2010 12:00 PM, RJack wrote: > > Hyman Rosen wrote: > >> "The GPL is Not a Contract" > > > > -- "Whether express or implied, a license is a contract 'governed > > by ordinary principles of state contract law.'"; McCoy v. > > Mit

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/15/2010 12:00 PM, RJack wrote: Hyman Rosen wrote: "The GPL is Not a Contract" -- "Whether express or implied, a license is a contract 'governed by ordinary principles of state contract law.'"; McCoy v. Mitsuboshi Cutlery, Inc., 67. F.3d 917, (United

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/15/2010 11:12 AM, me wrote: Tell it to the United States Supreme Court and Justice Scalia. Fortunately, nothing the Supreme Court has said is inconsistent with the CAFC JMRI decision. Also... up is down and black is white. ROFL. Sincerely, RJack :) __

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/15/2010 11:06 AM, Alexander Terekhov wrote: Hyman Rosen wrote: "Under California contract law..." http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 "The GPL is Not a Contract"

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Hyman Rosen wrote: On 4/15/2010 9:43 AM, RJack wrote: The statement ". . . (a) Plaintiffs’ copyrights are unique and valuable property whose market value is impossible to assess, . . ." automatically establishes the fact that any alleged injury is "conjectural and hypothetical". The SFLC lawyer

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: > > On 4/15/2010 11:06 AM, Alexander Terekhov wrote: > > Hyman Rosen wrote: > >> > > "Under California contract law..." > > http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 > > >

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/15/2010 11:12 AM, me wrote: Tell it to the United States Supreme Court and Justice Scalia. Fortunately, nothing the Supreme Court has said is inconsistent with the CAFC JMRI decision. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org htt

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/15/2010 11:06 AM, Alexander Terekhov wrote: Hyman Rosen wrote: "Under California contract law..." http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 "The GPL is Not a Contract" ___

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread me
Hyman Rosen wrote: On 4/15/2010 9:43 AM, RJack wrote: The statement ". . . (a) Plaintiffs’ copyrights are unique and valuable property whose market value is impossible to assess, . . ." automatically establishes the fact that any alleged injury is "conjectural and hypothetical". The SFLC lawyer

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: [...] > "Under California contract law..." http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 --- This is not legal advice... As an attorney spending a great deal of time on software related IP licensing and litigat

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread David Kastrup
RJack writes: > Now for my prediction for the resolution of Software Freedom > Conservancy, Inc. v. Best Buy Co., Inc. et. al. > > I predict that Judge Scheindlin will grant a Motion to Dismiss > pursuant to F.R.C.P. Rule 12(b)(1). She will dismiss the lawsuit because > the plaintiffs lack Articl

Re: The SFLC has pleaded their clients right out of court

2010-05-04 Thread Hyman Rosen
On 4/15/2010 9:43 AM, RJack wrote: The statement ". . . (a) Plaintiffs’ copyrights are unique and valuable property whose market value is impossible to assess, . . ." automatically establishes the fact that any alleged injury is "conjectural and hypothetical". The SFLC lawyers have pleaded their

The SFLC has pleaded their clients right out of court

2010-05-04 Thread RJack
Now for my prediction for the resolution of Software Freedom Conservancy, Inc. v. Best Buy Co., Inc. et. al. I predict that Judge Scheindlin will grant a Motion to Dismiss pursuant to F.R.C.P. Rule 12(b)(1). She will dismiss the lawsuit because the plaintiffs lack Article III standing. The defin