Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. Exactly. FOURTH AFFIRMATIVE DEFENSE (INDISPENSABLE PARTIES) On information and belief, Defendant alleges that

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. They'll have a fun time a) proving that statement b) telling the

Re: Versa trashes the GPL as well

2010-05-04 Thread Chris Ahlstrom
David Kastrup pulled this Usenet boner: Alexander Terekhov terek...@web.de writes: Have you ever timed these rjack/terekhov irruptions to determine if they coincide with any natural cycles? -- I'll burn my books. -- Christopher Marlowe

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. They'll have a fun time a) proving that

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Chris Ahlstrom wrote: David Kastrup pulled this Usenet boner: Alexander Terekhov terek...@web.de writes: Have you ever timed these rjack/terekhov irruptions to determine if they coincide with any natural cycles? Actually, there are certain natural cycles of moaning and grunting that

Re: Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of estoppel. I also like

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs’ claims are barred

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: We'll see how much of the defendants beliefs survives in court. You betch'a. No more voluntary dismissals. That's all that real folks have ever asked for -- a court ruling concerning the GPL on the merits. So, hopefully, we'll really see. Sincerely, RJack :)

Re: Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: David Kastrup wrote: We'll see how much of the defendants beliefs survives in court. You betch'a. No more voluntary dismissals. That's all that real folks have ever asked for -- a court ruling concerning the GPL on the merits. You won't see that this time

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: On information and belief, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of estoppel. Yeah, that one is hilarious as well. Dear court, how could we assume that we had

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: David Kastrup wrote: Alexander Terekhov terek...@web.de writes: On information and belief, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of estoppel. Yeah, that one is hilarious as well. Dear court, how could we

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 7:09 AM, RJack wrote: a) The court will immediately find the GPL unenforceable because of the preemption doctrine established by 17 USC sec. 301(a). Preemption has nothing to do with the GPL, since this is a case of normal copyright infringement brought under the federal copyright

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 7:09 AM, RJack wrote: a) The court will immediately find the GPL unenforceable because of the preemption doctrine established by 17 USC sec. 301(a). Preemption has nothing to do with the GPL, since this is a case of normal copyright infringement brought under

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 7:28 AM, Alexander Terekhov wrote: Oh poor SFLC... You appear to have very strange beliefs about the legal system. Aside from your general misunderstanding of copyright law, you seem to believe that answers and counterclaims have some magical power merely by being stated. Proper

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. As the Second Circuit explained

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 9:11 AM, RJack wrote: Uhhh. What's abnormal copyright infringement? When there are other defenses possible under federal law, such as fair use or time shifting or reverse engineering. Normal copyright infringement is simply unauthorized copying and distribution with nothing else

Re: Versa trashes the GPL as well

2010-05-04 Thread Alexander Terekhov
Hyman Rosen wrote: On 3/9/2010 9:11 AM, RJack wrote: Uhhh. What's abnormal copyright infringement? When there are other defenses possible under federal law, such as fair use or time shifting or reverse engineering. Normal copyright infringement is simply unauthorized copying and

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 9:40 AM, Alexander Terekhov wrote: Q: If you call a tail a leg, how many legs has a dog? Five? When a court does the calling, yes. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. As the Second Circuit

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 10:00 AM, RJack wrote: The case is filed in the Second Circuit. The CAFC has no precedental value anywhere in the federal system. The reasoning will apply universally, since it is correct. At the end of the day, 'statutory damages should bear some relation to actual damages

Re: Versa trashes the GPL as well

2010-05-04 Thread David Kastrup
RJack u...@example.net writes: Hyman Rosen wrote: On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf You've already lost. You might as well cite to the law of Zimbabwe Hymen. The case is filed in the Second Circuit. The CAFC

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: RJack u...@example.net writes: Hyman Rosen wrote: On 3/9/2010 8:45 AM, RJack wrote: Once the GPL is invalidated http://www.cafc.uscourts.gov/opinions/08-1001.pdf You've already lost. You might as well cite to the law of Zimbabwe Hymen. The case is filed in the Second

Re: Versa trashes the GPL as well

2010-05-04 Thread Hyman Rosen
On 3/9/2010 10:16 AM, RJack wrote: Since the defendants aren't infringing under Second Circuit precedental law there will be no damages at all. The defendants are infringing by copying and distributing copyrighted computer programs without permission.

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
David Kastrup wrote: Alexander Terekhov terek...@web.de writes: RJack wrote: [...] b) They'll tell the court that the doctrine of promissory estoppel applies. That's Versa's tenth defense. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs’

Re: Versa trashes the GPL as well

2010-05-04 Thread RJack
Hyman Rosen wrote: On 3/9/2010 10:16 AM, RJack wrote: Since the defendants aren't infringing under Second Circuit precedental law there will be no damages at all. The defendants are infringing by copying and distributing copyrighted computer programs without permission. Dream on silly boy.