Re: GPL traitor !

2009-05-11 Thread Thufir Hawat
On Mon, 11 May 2009 08:57:50 +0200, David Kastrup wrote:

 Thufir Hawat hawat.thu...@gmail.com writes:
 
 On Sat, 09 May 2009 10:52:41 +0200, David Kastrup wrote:

 They would clearly like not to have copyright apply to this situation,
 since then they would not need the GPL to provide its copyleft
 mechanism there.

 Without copyright the GPL is pointless.
 
 Without an attack, a defense is pointless.


Nope.  The GPL rests upon the existence of copyright law, ie:  without 
copyright law there can be no GPL.  A burglar alarm is a defense without 
an attack, it's a precaution.  Or, would you say that a burglar alarm is 
pointless because no burglar is lurking about?  Or, a password on 
computer?  etc, etc.


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Re: GPL traitor !

2009-05-06 Thread Thufir Hawat
On Tue, 05 May 2009 22:23:49 -0500, Erik Funkenbusch wrote:

 Some the misunderstandings you cite are effects of the GPL.  For
 instance, sure, there's only a downstream requirment, but, in effect
 improvements will make their way upstream.  So, what's the harm of this
 misconception?
 
 No, improvements don't necessarily make their way upstream.  Let's say I
 create an app derived from GPL code.  I sell it for $1 million dollars.
 Do you really think the guy that paid $1 million for it will just give
 the code away to others?  Nope.



Effectively, they do, which is the source of the understanding.  
Technically, no, there's no requirement to do so, but effectively, yes, 
that's what happens.


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Re: GPL traitor !

2009-05-05 Thread Thufir Hawat
On Tue, 05 May 2009 12:36:00 -0500, Erik Funkenbusch wrote:

 On Tue, 5 May 2009 13:01:41 -0400, Chris Ahlstrom wrote:
 
 After takin' a swig o' grog, Erik Funkenbusch belched out
   this bit o' wisdom:
 
 On Tue, 5 May 2009 07:13:19 -0400, Chris Ahlstrom wrote:


 Nice summary of standard legal procedure, corner cases, and
 descriptions of uninformed people.
 
 You know, the tip-of-the-iceberg stuff that people focus on for
 purposes of FUD, while the vast majority /depend/ on the GPL.

 None of which supports Alan's argument that nobody can honestly
 misunderstand the GPL.
 
 Nobody can honestly not understand the main meanings of the GPL.
 
 That being said, version 3 is a bit more difficult to follow.
 
 ahh.. now you move the goalpost.. the main meaning.  The main meaning
 is certainly clear, but the details are where the trouble lies, and
 where most people don't understand or interpret differently.



Some the misunderstandings you cite are effects of the GPL.  For 
instance, sure, there's only a downstream requirment, but, in effect 
improvements will make their way upstream.  So, what's the harm of this 
misconception?


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Re: GPL is like a cancer

2009-04-16 Thread Thufir Hawat
On Tue, 14 Apr 2009 21:32:26 +0200, Alexander Terekhov wrote:


 David Kastrup wrote:
 
 Rjack u...@example.net writes:
 
  As we were going over the scan results I noticed a very interesting
  trend. The GPL licensed software tends to assimilate quite a bit of
  BSD-style and public domain source code. By including that other
  source code it ends up spreading like a cancer.
  http://questonsecurity.blogspot.com/2009/04/gpl-license-is-like-
cancer.html
 
 Hm?  The whole point of BSD-style and public domain source code (and
 what the proponents are proud about) is that it is _intended_ for
 assimilation into differently licensed software.
 
 Hm? The whole point of the BSDL'd and the public domain source code is
 that it (original source code released under the BSDL or
 entered/dedicated/ in/to the public domain) is _intended_ to remain
 under the BSDL and (respectively) the public domain.


What, precisely, prevents the GPL code from using BSD code (copy/paste)?  
The inverse is prevented, however.


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Re: The GPL means what you want it to mean

2009-04-13 Thread Thufir Hawat
On Sat, 11 Apr 2009 07:57:33 +, Alan Mackenzie wrote:


 These posts of yours are unreadable, RJ.  They go on and on and on
 obsessively, yet they are none of them complete and coherent.  A typical
 one of your posts assumes, often tacitly, something you showed in some
 previous post, sometime.  Even you haven't got a mental overview over
 your many hundred, possibly several thousand, posts on this worn out
 topic.
 
 Please put your arguments in a coherent form on a web site, somewhere.


Hear, hear.


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Re: Microsoft and TomTom settle

2009-04-06 Thread Thufir Hawat
On Sat, 04 Apr 2009 17:04:20 -0700, Tim Smith wrote:

 In article e2dbl.724$9t6@newsfe10.iad,
  Thufir Hawat hawat.thu...@gmail.com wrote:
 Err, why would a jury have anything to say about a settlement?  How
 could this settlement ever be introduced as evidence in some other
 case?  The point of settling is, partially, to avoid a jury.
 
 Suppose Microsoft is suing you over FAT, and you won't settle, so it is
 going to trial.  One of the things both sides do at trial is argue what
 they think the damages should be.
 
 What Microsoft has licensed the patent for to others is very relevant to
 your argument, and you'll have asked for the details on all licensing of
 the patent as part of your discovery requests.  (Well, *you* won't ask.
 Your lawyers will ask, and the lawyers and your damages expert will get
 to see the answers, but *you* might not get to see them--all you might
 see is an average that the damages expert computes and testifies about).


Again, the settlement terms here wouldn't be evidence in a lawsuit not 
between tomcat and microsoft, which is what I was replying to -- a 
comment about the jury.


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Re: Microsoft and TomTom settle

2009-04-06 Thread Thufir Hawat
On Sat, 04 Apr 2009 10:27:35 -0400, amicus_curious wrote:

 Thufir Hawat hawat.thu...@gmail.com wrote in message
 news:e2dbl.724$9t6@newsfe10.iad...
 On Wed, 01 Apr 2009 12:34:29 -0400, amicus_curious wrote:

 Thufir Hawat hawat.thu...@gmail.com wrote in message
 news:3ijal.118624$rg3.97...@newsfe17.iad...
 On Wed, 01 Apr 2009 08:55:28 -0400, amicus_curious wrote:
 [...]
 All it really indicates is that is was likely a term or result of the
 settlement.  The underlying reason for the settlement can only be
 speculated.

 YOU can say that, but what would a jury say?  There are a bunch of
 companies licensing the FAT system already and here is a company who
 wanted to fight originally who surrendered quickly.  And you want to
 bank on the infinitessimal probability that it was all a mistake?


 Err, why would a jury have anything to say about a settlement?  How
 could this settlement ever be introduced as evidence in some other
 case?  The point of settling is, partially, to avoid a jury.

 You say that the reason they settled cannot be determined, but it must
 be that TomTom had no confidence in winning and were concerned with
 minimizing their likely loss.

Where's your evidence?  It's just guess work and interpretation.  The 
lack of a statement from TomTom is telling.  No one has posted firsthand 
knowledge about what TomTom was thinking.

  My reference to a jury was in regard to
 TomTom's certain introspection about their chances, not about what a
 jury would infer from a settlement.  The purpose of a settlement is to
 avoid a verdict not just a jury considering the implications of a
 previous case.  If I am charged with some civil issue and pay a
 settlement, the fact that I paid is evidence that I accepted some
 liability for what I was charged with.  A jury can consider that in a
 subsequent case, it is a matter of public information.


-Thufir

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Re: The GPL means what you want it to mean

2009-04-06 Thread Thufir Hawat
On Sat, 04 Apr 2009 08:07:03 -0400, Rjack wrote:

 Thufir Hawat wrote:
 On Fri, 03 Apr 2009 12:35:51 -0400, Rjack wrote:
 
 Free Software is highly restrictive software and isn't free at
 all. Permissive licensed open source code such as BSD licensed
  programs do not carry any baggage related to being hauled into
 federal court by a band of wild-eyed zealots who practice socialism in
 software licensing as a religion.
 
 Why not extend that argument to the conclusion:  don't use any license
 at all.  Sqlite is public domain.  You're free to develop public domain
 software on your own.  However, you're not likely to
  ever see a penny for your efforts.
 
 You're free to change the argument any new conclusion you wish.

I never changed the argument, but extended your argument to its logical 
conclusion.

 Short of
 waiting seventy five years after its creation, it is difficult to place
 a work in the public domain.

Well, sqlite is in the public domain according to wikipedia, which, for a 
layman like me, is sufficient evidence of its licensing.

 You must somehow unequivocally and
 publicly relinquish all claims of ownership. Some Circuits would
 probably disagree with that broad assertion.
 
 I was comparing Free Software licensed code and permissively licensed
 code. So what is the point you wish to make?

The logical conclusion of your argument is that the GPL is pointless. 
And, since the BSD license is toothless, why even bother?  Just license 
it the same way sqlite is licensed: public domain.  That's the conclusion 
which can be drawn from your argument.


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Re: The GPL means what you want it to mean

2009-04-06 Thread Thufir Hawat
On Sat, 04 Apr 2009 09:20:08 -0400, Rjack wrote:

 Thufir Hawat wrote:
 On Fri, 03 Apr 2009 07:44:43 -0400, Rjack wrote:
 
 The Free Software Foundation has *never* advanced a legal argument to
 refute the fact that the GPL is contractually unenforceable and
 preempted by the Copyright Act.
 
 
 What's your argument that isn't enforceable?
 
 The GPL is unequivocally a contract under U.S. law. (More specifically
 it is a contract for a grant of permission or license.)

It's just as much a contract as any other EULA.


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Re: The GPL means what you want it to mean

2009-04-06 Thread Thufir Hawat
On Sat, 04 Apr 2009 09:20:08 -0400, Rjack wrote:


 To summarize, this means the GPL is a contract to requiring that:
 
 1) you must cause


Only if you choose to accept the GPL, only if you accept it.  If you 
decline to accept it, that's fine, you can then contact the copyright 
holder to make arrangements for distribution.


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Re: Microsoft and TomTom settle

2009-04-04 Thread Thufir Hawat
On Wed, 01 Apr 2009 12:34:29 -0400, amicus_curious wrote:

 Thufir Hawat hawat.thu...@gmail.com wrote in message
 news:3ijal.118624$rg3.97...@newsfe17.iad...
 On Wed, 01 Apr 2009 08:55:28 -0400, amicus_curious wrote:
[...]
 All it really indicates is that is was likely a term or result of the
 settlement.  The underlying reason for the settlement can only be
 speculated.

 YOU can say that, but what would a jury say?  There are a bunch of
 companies licensing the FAT system already and here is a company who
 wanted to fight originally who surrendered quickly.  And you want to
 bank on the infinitessimal probability that it was all a mistake?


Err, why would a jury have anything to say about a settlement?  How could 
this settlement ever be introduced as evidence in some other case?  The 
point of settling is, partially, to avoid a jury.


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Re: The GPL means what you want it to mean

2009-04-04 Thread Thufir Hawat
On Fri, 03 Apr 2009 07:44:43 -0400, Rjack wrote:

 The Free Software Foundation has *never* advanced a legal argument to
 refute the fact that the GPL is contractually unenforceable and
 preempted by the Copyright Act.


What's your argument that isn't enforceable?


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Re: The GPL means what you want it to mean

2009-04-04 Thread Thufir Hawat
On Fri, 03 Apr 2009 12:35:51 -0400, Rjack wrote:

  Free Software is highly restrictive software and isn't
 free at all. Permissive licensed open source code such as BSD licensed
 programs do not carry any baggage related to being hauled into federal
 court by a band of wild-eyed zealots who practice socialism in software
 licensing as a religion.

Why not extend that argument to the conclusion:  don't use any license at 
all.  Sqlite is public domain.  You're free to develop public domain 
software on your own.  However, you're not likely to ever see a penny for 
your efforts.


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Re: Microsoft and TomTom settle

2009-04-01 Thread Thufir Hawat
On Wed, 01 Apr 2009 08:55:28 -0400, amicus_curious wrote:


 Whatever they paid, they also agreed to change their GPL code to not
 infringe on the FAT patents.  That is an acknowledgement that they
 consider the patents valid.


All it really indicates is that is was likely a term or result of the 
settlement.  The underlying reason for the settlement can only be 
speculated.


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Re: More FSF hypocrisy

2009-03-28 Thread Thufir Hawat
On Fri, 27 Mar 2009 12:15:32 -0400, Hyman Rosen wrote:

 The GPL isn't a contract. It's a license which lays out the conditions
 under which someone has permission to copy and distribute a covered
 work. If someone copies and distributes a covered work without adhering
 to the conditions, he is liable for copyright infringement.


Rjacks argument is that because the GPL is unenforceable there is no 
liability, although I've not seen a clear explanation for the premise.


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Wed, 25 Mar 2009 19:04:54 -0400, Rjack wrote:

 Thufir Hawat wrote:
 On Wed, 25 Mar 2009 11:09:32 -0400, Rjack wrote:
 
 
 All EULA would be contracts, yes?  Not complying with an EULA opens
 up a can of worms.
 Depends on whether the EULA is ultimately found by the courts to be
 enforceable or not.
 
 
 Do please generalize as to whether other EULA are, or are not,
 contracts in your view.
 
 All EULAs are contracts.


So, when an EULA is ignored, the usual response is copyright 
infringement, right?


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Wed, 25 Mar 2009 19:32:52 -0400, Rjack wrote:

 Thufir Hawat wrote:
 On Wed, 25 Mar 2009 11:09:32 -0400, Rjack wrote:
 
 IF A COPYRIGHT LICENSE EXISTS, ITS LANGUAGE WILL BE INTERPRETED AS A
 CONTRACT IN DETERMINING ITS COVENANTS FOR PURPOSES OF BREACH AND
 THEN EXAMINED FOR LANGUAGE DETERMINING SCOPE FOR PURPOSES OF
 INFRINGEMENT.
 
 Assuming this is so, what's your point?
 The point of an original newsgroup post seems to evolvs with the
 number of posts to the thread. I think we were discussing legal
 enforcement of the GPL.
 
 
 If EULA are contracts, what makes the GPL different from other EULA, in
 your view?
 
 
 The GPL contains unenforceable terms.


When other EULA are ignored by the end users, the response is typically 
copyright infringement, right?


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Wed, 25 Mar 2009 21:55:46 +0100, Alexander Terekhov wrote:

 Thufir Hawat hawat.thu...@gmail.com schrieb im Newsbeitrag
 news:bgwyl.50925$et1.40...@newsfe20.iad...
 On Wed, 25 Mar 2009 16:17:58 -0400, amicus_curious wrote:

 If EULA are contracts, what makes the GPL different from other EULA,
 in your view?

 It is not any different at all.  Both are contracts.

 Now, what do you think happens when such a contract is breached?

 IANAL, are you?
 
 IANALs also have a right to think, y'know.
 
 The GNU land is hilarious brain-free zone: thinking will not be
 tolerated.


The typical response when an EULA is ignored by an end user is that the 
company, it's usually a company, goes after the user on copyright 
infringement, so far as I know.


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Wed, 25 Mar 2009 19:41:15 -0400, amicus_curious wrote:

 Thufir Hawat hawat.thu...@gmail.com wrote in message
 news:bgwyl.50925$et1.40...@newsfe20.iad...
 On Wed, 25 Mar 2009 16:17:58 -0400, amicus_curious wrote:

 If EULA are contracts, what makes the GPL different from other EULA,
 in your view?

 It is not any different at all.  Both are contracts.

 Now, what do you think happens when such a contract is breached?


 IANAL, are you?


 Do you think that it would matter much to you?  Certainly there are many
 lawyers who disparage the GPL and there are at least a few who think it
 is a wonderful thing.  Will you only listen to lawyers who agree with
 your emotional interests or would you change your mind if a lawyer told
 you that you were wrong?  If a lawyer really isn't enough, would you
 believe a judge? The only problem there is that there are judges on both
 sides of the issue, too.   If you ANAL, what are you ever to do?


I would give your words more weight on these legalisms were you to claim 
to be a lawyer.  So far as I can tell this thought process lumps the GPL 
in with all other EULA on the one hand, and then differentiates on the 
other, but only when convenient.  In all of the postings I've seen no 
reason to treat the GPL differently from other EULA -- violation, 
ignoring it, whatever, results in being charged/sued/whatever with 
copyright infringement.  Just like other EULA's, right?


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Thu, 26 Mar 2009 06:31:50 -0400, Rjack wrote:

 I would give your words more weight on these legalisms were you to
 claim to be a lawyer.
 
 Lawyer or not, I would never claim to form a lawyer-client relationship
 over the internet. That would most likely constitute the unauthorized
 practice of law in most jurisdictions.


LOL, of course, but that wasn't my point. 


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Thu, 26 Mar 2009 06:31:50 -0400, Rjack wrote:

 So far as I can tell this thought process lumps the GPL in with all
 other EULA on the one hand, and then differentiates on the other, but
 only when convenient.
 
 Why? Every EULA (contract) is written differently and should be subject
 to somewhat uniform rules of contract interpretation depending upon what
 jurisdiction you reside.

EULA should be subject to somewhat uniform rules?  If you break an EULA 
with Microsoft, what would be the result versus breaking an EULA (the 
GPL) with Redhat?  I've seen no reason why either scenario would that 
different.


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Thu, 26 Mar 2009 09:05:53 -0400, amicus_curious wrote:


 When an end user gets a copy of a commercial software program from a
 warez site or just by borrowing a DVD from the office or a friend, that
 is not true.  That end user is not authorized to use the software and
 the copyright owner can take some sort of action to get compensation, if
 only to nag the user constantly via some means.  That is what it says in
 the EULA.
 
 That is what is different about the GPL, I think, namely that the end
 user arrives at the same endpoint condition and the copyright owner is
 in the same condition regardless of the way that the software is
 conveyed.

Going with the Verizon example, I disagree.  When the end user received 
the binaries there was no GPL notice, so I see how the EU is bound by the 
GPL.  OTOH, that binary was no more legit than a borrowed DVD.

  If there were a black box connecting the copyright owner to
 the end user, you could not ever say just what was in the box, only that
 some mechanism existed for conveying the software from the owner to the
 user.
 
 After conveying the license to use the software to the end user, the GPL
 goes on and on about what is allowed to be in the black box.  I don't
 think that the courts really care.  They can only assess what variance
 there may be in the condition of the copyright owner based on what
 happens in the black box and, if there is no measurable effect, there
 can be no corrective action taken or compensation awarded.

Could the end user in receipt of the Verizon router end up owing 
copyright fines?  Well, only if the binary were illegitimate.  So, if an 
EU started distributing that binary, I think there would be consequences.

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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Thu, 26 Mar 2009 14:37:23 -0400, Rjack wrote:

 Hyman Rosen wrote:
 Rjack wrote:
 That leaves the GPL open to the different common law contract
   interpretation rules of the fifty different states (plus Guam and
   Puerto Rico).
 
 This is not a problem because of 17 USC 301.
 
 If it were legally enforceable, which it is not.
 
 The GPL is legal and enforceable (in the sense that if someone copies
 and distributes without obeying its conditions he is liable for
 copyright infringement).
 
 If it were legally enforceable, which it is not.


Why would the GPL be different from any other EULA out there?


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Thu, 26 Mar 2009 15:42:08 -0400, Hyman Rosen wrote:

 Rjack wrote:
 Hyman Rosen wrote:
 Rjack wrote:
 If it were legally enforceable, which it is not.

 Oh, but it is.
 
 Ain't neither.
 
 Sure 'nuff is.

Ah, usenet at its finest.


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Re: More FSF hypocrisy

2009-03-26 Thread Thufir Hawat
On Thu, 26 Mar 2009 21:28:55 +0100, Alexander Terekhov wrote:

 Rahul Dhesi wrote:
 
 Rjack u...@example.net writes:
 
 Since the license is strictly construed against the drafter the
 license, because of promissory estoppel, would provide a defense to
 copyright infringement.
 
 As I recall, when I asked you for what was promised, I got no answer.
 
 Rahul, implicit in a copyright license is the promise not to sue for
 copyright infringement.

How is it not copyright infringement to distribute the work without 
following the terms of the license?


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Re: More FSF hypocrisy

2009-03-25 Thread Thufir Hawat
On Wed, 25 Mar 2009 10:22:19 -0400, Rjack wrote:

 IF A COPYRIGHT LICENSE EXISTS, ITS LANGUAGE WILL BE INTERPRETED AS A
 CONTRACT IN DETERMINING ITS COVENANTS FOR PURPOSES OF BREACH AND THEN
 EXAMINED FOR LANGUAGE DETERMINING SCOPE FOR PURPOSES OF INFRINGEMENT.


Assuming this is so, what's your point?  All EULA would be contracts, 
yes?  Not complying with an EULA opens up a can of worms.


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Re: More FSF hypocrisy

2009-03-25 Thread Thufir Hawat
On Wed, 25 Mar 2009 11:09:32 -0400, Rjack wrote:


 All EULA would be contracts, yes?  Not complying with an EULA opens up
 a can of worms.
 
 Depends on whether the EULA is ultimately found by the courts to be
 enforceable or not.


Do please generalize as to whether other EULA are, or are not, contracts 
in your view.


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Re: More FSF hypocrisy

2009-03-25 Thread Thufir Hawat
On Wed, 25 Mar 2009 11:09:32 -0400, Rjack wrote:

 IF A COPYRIGHT LICENSE EXISTS, ITS LANGUAGE WILL BE INTERPRETED AS A
 CONTRACT IN DETERMINING ITS COVENANTS FOR PURPOSES OF BREACH AND THEN
 EXAMINED FOR LANGUAGE DETERMINING SCOPE FOR PURPOSES OF INFRINGEMENT.
 
 
 Assuming this is so, what's your point?
 
 The point of an original newsgroup post seems to evolvs with the number
 of posts to the thread. I think we were discussing legal enforcement of
 the GPL.


If EULA are contracts, what makes the GPL different from other EULA, in 
your view?


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Re: More FSF hypocrisy

2009-03-25 Thread Thufir Hawat
On Wed, 25 Mar 2009 16:17:58 -0400, amicus_curious wrote:

 If EULA are contracts, what makes the GPL different from other EULA, in
 your view?

 It is not any different at all.  Both are contracts.
 
 Now, what do you think happens when such a contract is breached?


IANAL, are you?


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Re: More FSF hypocrisy

2009-03-24 Thread Thufir Hawat
On Tue, 24 Mar 2009 08:59:03 -0500, JEDIDIAH wrote:

 [ Update: Ray Beckerman sends a correction. He says the reasoning of
 the four cases and two law review articles and the brief is equally
 applicable to commercial copyright infringement defendants.]
 http://www.groklaw.net/article.php?story=20090321164736122
 
 Sincerely,
 Rjack

  So it's more support for the concept of proportionality and asking
 the court to consider the Constitutionality of statutory damages in
 copyright cases involving noncommercial individuals.

 -from the above link.

 *cases involving noncommercial individuals*.  Is cisco such an
 individual?
 
 ...even in Pirate culture there is a distinction made between piracy for
 personal use and piracy for commercial gain. Of course this is a line
 that has been blurred in recent changes to the law. It's a distinction
 that used to be there and quite plain in the law. It has been eroded at
 the request of media monopolists.

That the argument *can* be applied to commercial individuals is neither 
here nor there unless the FSF is making such an argument.  Is anyone 
making such an argument?  Oh, another strawman, you say?

The FSF doesn't go around helping Cisco pay less for copyright 
infringement, but they might help Grandma vs. RIAA.  Why Rjack cannot 
distinguish between the two is a curiosity.


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Re: More FSF hypocrisy

2009-03-24 Thread Thufir Hawat
On Tue, 24 Mar 2009 15:37:37 -0400, Rjack wrote:

 The FSF doesn't go around helping Cisco pay less for copyright
 infringement, but they might help Grandma vs. RIAA.
 
 Your Robin Hood analogy doesn't fly. The FSF promotes an illegal
 copyright license in an attempt to steal the exclusive copyrights of
 programmers. Illegal is illegal. Savvy Kemo Sabe?


Just an empty assertion of yours.  No, the FSF doesn't promote an illegal 
copyright.


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Re: More FSF hypocrisy

2009-03-24 Thread Thufir Hawat
On Tue, 24 Mar 2009 15:37:37 -0400, Rjack wrote:


 Rjack doesn't accept the rationalization of piracy due the thief's state
 of mind or motive. The difference between commercial and non-commercial
 piracy is comparable to the difference between being pregnant and a
 little bit pregnant.


Who does accept the rationalization of piracy?  Be specific with an 
example.


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Re: More FSF hypocrisy

2009-03-24 Thread Thufir Hawat
On Tue, 24 Mar 2009 15:46:14 -0400, Hyman Rosen wrote:

 Rjack wrote:
 Your Robin Hood analogy doesn't fly. The FSF promotes an illegal
 copyright license in an attempt to steal the exclusive copyrights of
 programmers.
 
 The GPL is completely legal, and there is no theft because acceptance of
 the GPL is completely voluntary. The theft occurs when code grabbers try
 to steal GPLed code instead of paying for it by properly making the
 sources available.


The topic is now completely different from where it started, this is 
merely a complex setup for a strawman.


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Re: More FSF hypocrisy

2009-03-24 Thread Thufir Hawat
On Tue, 24 Mar 2009 21:35:59 +0100, Alexander Terekhov wrote:

 Thufir Hawat wrote:
 
 On Tue, 24 Mar 2009 15:37:37 -0400, Rjack wrote:
 
  Rjack doesn't accept the rationalization of piracy due the thief's
  state of mind or motive. The difference between commercial and
  non-commercial piracy is comparable to the difference between being
  pregnant and a little bit pregnant.
 
 Who does accept the rationalization of piracy?  Be specific with an
 example.
 
 http://www.tlug.jp/docs/rms.html
 
 quote
 
 HY: Hmmm. Then tell me what you think about pirated software.

HY: Hmmm. Then tell me what you think about pirated software.

RMS: I don't call this copying piracy, because that is a propaganda 
word. I don't think it is wrong to copy and share information. 
Governments can pass laws against it, but that does not make it wrong, 
just illegal. 


I think it's illegal.  However, these warez types, apparently, don't 
impact, to pick a company a random, Microsoft's bottom line, because they 
wouldn't buy the software anyhow.  So, hitting some warez punk with huge 
fines is silly.  There are also cases where Windows Genuine Advantage 
fails to correctly assess what is or isn't pirated software.  On that 
note, there's a quote of Bill Gates floating around where he effectively 
advocates piracy of windows because, in the long run, it will help 
Microsoft.

Piracy is more prevalent among Windows users than Linux users; often 
Windows users aren't even aware they're pirating.

The point was that the FSF wasn't, and shouldn't, defend a company which 
willfully violates the law.  The FSF might defend *individuals*, and make 
various arguments, depending on the circumstances -- which have been 
ignored so far.

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Re: More FSF hypocrisy

2009-03-23 Thread Thufir Hawat
On Mon, 23 Mar 2009 08:48:37 -0400, Rjack wrote:

 The Free Software Foundation is asking for permission to file an amicus
 brief in the current case of Sony v. Tenenbaum in the federal District
 Court of Massachusetts:
 
 We are submitting this brief to bring to the Court's attention some of
 the growing body of authority suggesting that the State Farm/Gore due
 process test applicable to punitive damage awards is likewise applicable
 to statutory damages, and in particular bars the suggestion that each
 infringement of an MP3 file having a retail value of 99 cents or less
 may be punishable by  statutory damages of from $750 to $150,000 -- or
 from 2,100 to 425,000 times the actual damages.
 http://www.groklaw.net/article.php?story=20090321164736122
 
 The FSF thinks 2,100 - 425,000 times actual dahages is excessive!
 
 Well. . . Huh?

...MP3 file having a retail value of 99 cents or less may be punishable 
by statutory damages of from $750 to $150,000 -- or from 2,100 to 425,000 
times the actual damages.1

So it's more support for the concept of proportionality and asking the 
court to consider the Constitutionality of statutory damages in copyright 
cases involving noncommercial individuals.

That link is about mp3's, apparently, and non-commercial piracy.

 In the current suit Free Software Foundation Inc. v. Cisco Systems Inc.
 the FSF is asking for monetary damages:

which is commercial, so the comparison fails there.


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Re: IBM doesn't like the GPL

2009-03-21 Thread Thufir Hawat
On Thu, 19 Mar 2009 14:42:59 +0100, Alexander Terekhov wrote:

 Hyman Rosen wrote:
 
 Rjack wrote:
   the FSF propaganda campaign is falling flat on its ass
 
 On the contrary, the campaign successfully led to Sun releasing Java
 under the GPL,
 
 Putting SUN's stock price into free fall, bringing massive layoffs, and
 fire sale of the company.


So you assert without establishing any sort of cause and effect.


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Re: IBM doesn't like the GPL

2009-03-19 Thread Thufir Hawat
On Wed, 18 Mar 2009 17:44:38 -0400, Rjack wrote:

 IBM wasn't happy when Sun released Java under the GPL instead of a more
 permissive open source software license. It's possible that if IBM
 acquired Sun, Big Blue would move Java towards a multi-licensed approach
 and potentially put it under the Apache Software License in addition to
 the GPL. This would make it easier for Sun's Java technology to be
 integrated into existing open source Java implementations, such as the
 Apache Harmony project, and it would also make it easier for Java to be
 repurposed by third parties for proprietary uses.
 
 http://arstechnica.com/business/news/2009/03/report-ibm-eyes-sun.ars
 
 The SFLC suits are having an effect -- just not the one they hoped for.
 As more and more companies move away from free software to open
 source software the FSF propaganda campaign is falling flat on its ass.
 
 Sincerely,
 Rjack :)


You have it backwards.  When *sun* licenses software, IBM likes apache/
BSD type licenses.  When *IBM* licenses software, ie gnu/linux, IBM likes 
the gpl.

Obviously, if you're planning on modifying source and don't want to share 
those changes then a bsd type license is to your advantage.


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Re: IBM doesn't like the GPL

2009-03-19 Thread Thufir Hawat
On Thu, 19 Mar 2009 06:21:14 -0400, Rjack wrote:

 You have it backwards.  When *sun* licenses software, IBM likes apache/
 BSD type licenses.  When *IBM* licenses software, ie gnu/linux, IBM
 likes the gpl.
 
 You Freetards never learn. For Christ's sake, IBM was the World's first
 viscous computer monopolist.


Well, asshole's like you never see the obvious: of course it would've 
been in IBM's interests to have never released any source code at all.




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Re: Tom Tom and Microsofts Linux patent lock-down ..

2009-03-17 Thread Thufir Hawat
On Tue, 17 Mar 2009 14:32:21 -0400, Rjack wrote:

 There go the goalposts! You wish to minimize my assertion. Let me
 repeat. The GPL is unenforceable under U.S. copyright law.


Is any EULA enforced under copyright law?  I thought that the logic 
went:  here's an EULA, abide by it or not.  I don't believe that the EULA 
is under copyright law at all, but provides a way around copyright.  
Failure to abide by the EULA might then prompt a lawsuit, for instance on 
copyright infringement.


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Re: [!NEWS] The GNUtards Must Be Crazy

2009-03-13 Thread Thufir Hawat
On Thu, 12 Mar 2009 14:55:58 -0400, Hyman Rosen wrote:

 Since no one is forced to use the GPL, the GPL cannot thrust anything
 upon anyone. 
[...] 
 It is extremely ill-suited to whiners who feel entitled to the work of
 others while denying those others the remuneration they want for their
 work, namely freedom for their users.


Very well said.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-03 Thread Thufir Hawat
On Mon, 02 Mar 2009 09:17:47 -0500, amicus_curious wrote:

 The point is that you've not demonstrated that the files are stored on
 a verizon server yet proceed as if you have.

 They are accessed via the Verizon webserver.  What difference would it
 make if they were somehow linked behind the scenes to some server owned
 by another company.  Do you seriously believe that is the case?  It
 would be very unusual for Verizon to have back office direct connections
 to Actiontec.


I don't know whether it's the case or not, and neither do you.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Thufir Hawat
On Sun, 01 Mar 2009 09:41:17 -0500, amicus_curious wrote:

 None of the above demonstrate that the file(s) are stored on Verizon
 servers, the files could be hosted on Actiontek servers.

 With a URL of download.Verizon.net?  Perhaps their servers could be
 linked behind the scenes, but that would be rather unusual at best.  Why
 would they do that in lieu of just storing a copy of the download file?


The point is that you've not demonstrated that the files are stored on a 
verizon server yet proceed as if you have.



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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Thufir Hawat
On Sun, 01 Mar 2009 10:55:35 -0500, Rjack wrote:

 Any copying beyond that point is copyright infringement -- the GPL
 itself says so.
 
 The court will ignore what the GPL says and instead rely on what The
 Copyright Act of 1976 (As Amended) says in light of prevailing federal
 and state law.


which imposes steep penalties per infraction.  To avoid those steep 
penalties a settlement will be agreed to.  The settlement?  Follow the 
GPL.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Thufir Hawat
On Fri, 27 Feb 2009 13:56:54 -0500, Hyman Rosen wrote:

 Alexander Terekhov wrote:
 http://en.wikipedia.org/wiki/EU_Copyright_Directive
 
 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
uri=CELEX:32001L0029:EN:HTML
  (27) The mere provision of physical facilities for enabling or
  making a communication does not in itself amount to communication
  within the meaning of this Directive.
 
 Since Verizon provides a link to an actiontec gateway URL, it can
 easily be argues that it's Actiontec, not Verizon, who is making the
 software available. Clearly, the SFLC beleieves so, since it is
 satisfied with having Actiontec provide the GPLed sources.


 I don't think a copyrighted jpg could be distributed that way, though.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Thufir Hawat
On Fri, 27 Feb 2009 09:05:35 -0500, amicus_curious wrote:

 Thufir Hawat hawat.thu...@gmail.com wrote in message
 news:1blpl.46156$ci2.13...@newsfe09.iad...
 On Thu, 26 Feb 2009 15:26:56 -0500, amicus_curious wrote:


 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 is the argument.

 The fact that there's a link on verizon.com which causes this binary to
 download doesn't prove that the binary file is on a Verizon server.

 Well, the link resolves to downloads.verizon.net and that is most
 certainly a Verizon site.  Verizon does not need to make any source
 available at least in regard to the BusyBox library, and indeed does not
 do so, since the case filed by the SFLC complaining of that practice was
 dismissed with predjudice.
 
 Try the link yourself.



None of the above demonstrate that the file(s) are stored on Verizon 
servers, the files could be hosted on Actiontek servers.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Thufir Hawat
On Fri, 27 Feb 2009 14:41:47 -0500, amicus_curious wrote:


 Hyman Rosen hyro...@mail.com wrote in message
 news:axvpl.58231$6r1.31...@newsfe19.iad...
 amicus_curious wrote:
 Well, the link resolves to downloads.verizon.net and that is most
 certainly a Verizon site.

 You cannot know from the outside what the Verizon webserver is doing
 when it processes the actiontec gateway URL, because a webserver is a
 general purpose program which may take arbitrary action based on the
 form of the URL.

 Well you can try the link and see where you end up, eh?  The firmware
 update link resolves on the Verizon site, downloads.Verizon.net.  Have
 you not tried it yourself?  Are you afraid to do so?



Nothing you've written demonstrates that the files are stored on Verizon 
hardware.



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Re: Microsoft going after Linux?

2009-02-27 Thread Thufir Hawat
On Fri, 27 Feb 2009 02:00:07 +, Andrew Halliwell wrote:

 Doctor Smith iaintgotnostinkinem...@ols.net wrote:
 They will be utterly crushed into the ground.
 
 Who? Tomtom?
 In europe? (I presume as they're a european company, that's where the
 trial will be held...?)
 
 If not, tomtom could just utterly ignore anything microsoft says.
 They're out of their jurisdiction. American laws do not apply.
 
 Europe still holds software patents as extremely dubious if not illegal.
 A few have slipped through but they've by no means been accepted like
 they have in america.


Err, cannot Microsoft be sued by the EC in europe?  Of course, it's the 
European company which is sued.


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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 and everyone who
 wants it without regard to the requirements of the GPL that this
 binary code be accompanied by the source that created it.

 Whether Verizon is incurring a GPL obligation depends on the fine
 details of what it is doing, and who is considered to be doing the
 copying when a person clicks on a URL in order to obtain software.
 Since the URL contains the string actiontec gateway it's plausible
 that the Verizon webserver contacts an Actiontec gateway in order to
 get the software to the clicker.

 Not plausible at all.  I am sure that Verizon obtained their copy of the
 binary files from Actiontec, but they are plainly sourced from the
 Verizon site.

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 is the argument.

The fact that there's a link on verizon.com which causes this binary to 
download doesn't prove that the binary file is on a Verizon server.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-23 Thread Thufir Hawat
On Sun, 22 Feb 2009 19:34:48 -0500, amicus_curious wrote:

 I said that I think that it should not have copyright protection not
 that it doesn't have it.  That would require a change to the law, eh? 
 But then there wouldn't be any issue for the SFLC to sue over either. 
 If you somehow got a hold of Microsoft's source, you would be able to
 use it, too.


Are you aware that (old versions) of Windows source are out there?  Your 
wish is just pie-in-the sky.  This whole thing goes back to visicalc, I 
believe.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-23 Thread Thufir Hawat
On Sun, 22 Feb 2009 20:03:47 -0500, amicus_curious wrote:

 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.


Then I cannot fathom what your point is, aside from some vague desire on 
your part to see software copyright revoked.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-23 Thread Thufir Hawat
On Mon, 23 Feb 2009 09:20:07 -0500, amicus_curious wrote:

 Are you aware that (old versions) of Windows source are out there? 
 Your wish is just pie-in-the sky.  This whole thing goes back to
 visicalc, I believe.

 That is more handwaving, I think.  Can you point to a site that actually
 contains Windows source from some old version?

I believe that the source was leaked years ago, of course it would be 
piracy to have it, which is the point.  So, no, you can't find a site to 
download it.  A dedicated warez type could find it, I'm sure.

This is now the point of contention?

http://en.wikipedia.org/wiki/Windows_2000_source_leak


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-23 Thread Thufir Hawat
On Mon, 23 Feb 2009 09:20:07 -0500, amicus_curious wrote:


 Do you think anyone, other than the odd hobbyist, is interested in
 Visi-calc?  What could you possibly learn from the source?


http://en.wikipedia.org/wiki/Lotus_1-2-3#Rivals


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-23 Thread Thufir Hawat
On Mon, 23 Feb 2009 09:35:04 -0500, amicus_curious wrote:

 Thufir Hawat hawat.thu...@gmail.com wrote in message
 news:9psol.15170$si4.8...@newsfe22.iad...
 On Sun, 22 Feb 2009 19:55:44 -0500, amicus_curious wrote:

 The mere fact that you are distributing the software (usually the
 binaries, or as firmware) requires the distributor to make the source
 (and the very *same* source for the binaries) available. Failing to
 do so will put the distributor at odds with copyright law

 No shit, Dick Tracy.  I simply say that is silly.


 And if the source isn't available then where's the attribution?  At a
 minimum, sounds like plagiarism.

 Only if you don't know the meaning of the term.


How can not attributing source *which you downloaded*, and then choose to 
distribute in binary *not*, at least ethical, require attribution?


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-23 Thread Thufir Hawat
On Mon, 23 Feb 2009 09:42:49 -0500, amicus_curious wrote:

 Then I cannot fathom what your point is, aside from some vague desire
 on your part to see software copyright revoked.

 I simply made the comment long ago that the BusyBox authors and their
 lawsuits were useless activities that gave FOSS a bad name.  All that
 anyone has been able to assert, yourself included, is that the GPL
 demands that a user follow its exact rules to the letter.


FWIW, that's the point in contention in this thread.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-22 Thread Thufir Hawat
On Sat, 21 Feb 2009 21:14:47 -0500, amicus_curious wrote:

 Thufir Hawat hawat.thu...@gmail.com wrote in message
 news:do0ol.50595$xk6.48...@newsfe12.iad...
 On Sat, 21 Feb 2009 17:39:24 -0500, amicus_curious wrote:

 The FOSS value proposition is that if you use it, fine, and if you
 modify it and distribute it you must disclose your modifications.


 Who says?

 Do you have some other interpretation?  It would be useful for you to
 state it.


It's not that if you *modify and distribute* it that you must disclose 
your modifications, but that if you *distribute* you must disclose the 
source, at least for the GPL.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-22 Thread Thufir Hawat
On Sat, 21 Feb 2009 21:13:42 -0500, amicus_curious wrote:

 The companies misappropriating GPL software are thus causing a lot of
 time and effort to be expended.  If they respected the copyrights of
 software authors, all of this discussion would be unnecesary.

 Or if the authors weren't such egomaniacs, they could just ignore the
 situation and be happy that someone else thought enough of their
 creation to use it themselves.


You're advocating plagiarizing?  Never mind the GPL for the moment.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-22 Thread Thufir Hawat
On Sun, 22 Feb 2009 09:51:24 -0500, amicus_curious wrote:

 So I think we can both agree that copyright today goes too far.
 
 I don't think that computer source should have copyright protection
 period.


If computer source doesn't have copyright protection then, of course, 
it's fine to distribute GPL'd code without including the license.  As 
you're advocating that it's ok to distribute without including the 
license, then you're conclusion is that source code doesn't have 
copyright protection?  


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-22 Thread Thufir Hawat
On Sun, 22 Feb 2009 19:52:22 -0500, amicus_curious wrote:

 You're begging the question.  Your conclusion is that the source need
 only be available if it's been modified, and, since the source wasn't
 modified, then it need not be available.

 I am not arguing the meaning of the text contained in the GPL, I am
 saying that, unless the code has been modified in some useful way, then
 it is of no value to the community.


So you don't dispute the legality of the GPL?  You're just find it 
inconvenient?  If so, then don't distribute GPL'd software and go about 
your business.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-22 Thread Thufir Hawat
On Sun, 22 Feb 2009 19:55:44 -0500, amicus_curious wrote:

 The mere fact that you are distributing the software (usually the
 binaries, or as firmware) requires the distributor to make the source
 (and the very *same* source for the binaries) available. Failing to do
 so will put the distributor at odds with copyright law

 No shit, Dick Tracy.  I simply say that is silly.


And if the source isn't available then where's the attribution?  At a 
minimum, sounds like plagiarism.


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-21 Thread Thufir Hawat
On Sat, 21 Feb 2009 17:39:24 -0500, amicus_curious wrote:

 The FOSS value proposition is that if you use it, fine, and if you
 modify it and distribute it you must disclose your modifications.


Who says?


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Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-19 Thread Thufir Hawat
On Thu, 19 Feb 2009 13:05:35 -0500, amicus_curious wrote:


 Verizon openly distributes the Ationtec product.  That makes them a
 distributor and does not make Actiontec a Verizon agent.  Even though
 Verizon is openly distributing a product that contains GPL licensed
 software, they do not provide the source.  One has to go to some
 upstream locatoion in order to obtain source.

You're begging the question and haven't established that Verizon is a 
distributor *in the sense which applies here*.

The critical point is that the OEM is Actiontec.  How does Verizon obtain 
the routers?  Actiontec distributes the routers to Verizon.  It seems 
debatable that Verizon is even a distributor in this sense as Verizon 
didn't install Linux onto the router.

I think that the key distinction is *who* put Linux on the router, and 
that whoever did is the distributor.  Some third party who sells a device 
with GPL software installed on it isn't necessarily distributing that 
software.

-Thufir
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Re: Artifex v. Diebold: The GPL is non-commercial!

2009-02-04 Thread Thufir Hawat
On Tue, 03 Feb 2009 21:04:01 +0100, Alexander Terekhov wrote:


[...]
 But if one has permission to make lawful copies, one does not need any
 additional permission to distribute those copies to the public. --


The GPL puts conditions on the above permissions.


-Thufir
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