to make a profit anyway argument. Let's see whether
the judge buys that.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
Just in:
04/26/2011 194 ENDORSED LETTER addressed to Judge Shira A. Scheindlin
from Emmett J. McMahon, dated 4/25/2011, re: Counsel for the defendant
Best Buy Co., writes
prediction track records) until the case closes
is not actually cause for worry.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
The respective chances for success of copyright enforcement in court
are what causes the FSF to get copyright assignments ...
Dear dak, you know quite well that Stallman has no balls to sue for
copyright infringement
for
what purpose.
And in general: if you have not even gotten to the point proof of
concept code, it will be very hard to interest anybody in joining your
project rather than starting his own.
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before
starting to party...
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RJack u...@example.net writes:
On 2/3/2011 10:59 AM, David Kastrup wrote:
RJacku...@example.net writes:
On 2/2/2011 9:47 AM, RJack wrote:
Uh... buh bye SFC and Erik Andersen:
---Filed 02/01/11--- ANSWER OF PHOEBE MICRO, INC.
Uh, that's the reply of the defendant, not a court
David Kastrup d...@gnu.org writes:
moonhkt moon...@gmail.com writes:
On Jan 21, 10:00 pm, Barry Margolin bar...@alum.mit.edu wrote:
In article
fda30a91-58d9-4a6c-9b1d-b229c8a66...@t35g2000yqj.googlegroups.com,
moonhkt moon...@gmail.com wrote:
How to sort file without sort first line
.
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ever.
Capitalism Always Wins !
A loaded gun also always wins.
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built in that manner: Linux, but a
BSD userland above it. Shows that Linux works without GNU just fine.
But not my idea of the best I can get.
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of the law are interpreted _relevantly_ by the courts,
not Alexander and you.
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to believe that _anybody_ knows what communism is. Definitely a
moving target that can be located almost anywhere nowadays, except where
it was supposed to be.
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John Hasler jhas...@newsguy.com writes:
David Kastrup writes:
If you compare the writings of the founding fathers of communism
with the actions of existing communist parties and governments, you'll
find it hard to believe that _anybody_ knows what communism is.
That applies to any political
like you.
That probably counts as friendly.
Anyway, one sales theory of BSD fans is that it is more
business-friendly, so why the lack of donation and support?
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http
Legends.
A few people told RMS when he started. Now it is a whole hissing and
yelling bunch. That they bother is the best proof that they are wrong.
And they know it.
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RJack u...@example.net writes:
David Kastrup wrote:
RJack u...@example.net writes:
VICTOR TARABOLA CORTIANO wrote:
OK I'm so fucking tired of this.
I use OpenBSD. I use GCC. Use GNU/Linux.
BSD is free. GPL is free.
Don't worry. The GPL license and the Free Software religion will
soon
RJack u...@example.net writes:
David Kastrup wrote:
RJack u...@example.net writes:
David Kastrup wrote:
RJack u...@example.net writes:
VICTOR TARABOLA CORTIANO wrote:
OK I'm so fucking tired of this.
I use OpenBSD. I use GCC. Use GNU/Linux.
BSD is free. GPL is free.
Don't worry
damages for
contract violation of a contract without punitive terms?)
I mean, you are pretty much cherry-picking again, aren't you?
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
You won't find any. And that's the point.
Since it is YOU GNUtians who are crying copyright violation,
copyright violation... which is a tort and on a large scale it is even
a crime, IT'S UP TO YOU TO PROVE THE CLAIM
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
If she considers a breach ...
She did NOT rule that there was a breach, you retard. She ruled quite
the opposite:
With respect to the General Public License (GPL), MYSQL has
not demonstrated a substantial likelihood
considers a breach likely healed because the terms _have_ been
heeded after substantial delay, does that mean that she thinks one needs
not heed the terms?
I have no doubt that you'll form a sentence containing idiot or
moron as a reply, but please do try to remember what the topic was.
--
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the time of the crime, and the
time of sufficient factual evidence establishing the intent constituting
an ingredient of the crime.
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better pick those with
grammar reflecting what you consider their meaning.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
Whatever. When quoting isolated sentences, you better pick those with
grammar reflecting what you consider their meaning.
LOL. Dak are you really sure that your German is more correct than the
German of http
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
particular sentence, _and_ your attribution to the BGH as source is
accurate (for which I don't see any evidence but consider possible),
BGH Beschluss vom 06.10.1961 (2 StR 289/61)
NJW 1961, 2266; BGHSt 16, 271
http
Alexander Terekhov terek...@web.de writes:
Dak, the ruling I cited is part of
http://de.wikipedia.org/wiki/Staatsexamen for prosecutors and counsels
(both may become judges).
Good thing they won't become Grammarians.
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this stuff works.
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with the Superior Court or whatever other histrionics we
are used to seeing from our resident cranks.
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(if the defendants don't get a clue in time for the verdict) as absurd,
the product of drunk judges and in conflict with the Supreme Court or
whoever else.
It's not like we have not seen this spectacle before. And time and
again.
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see how much of the defendants beliefs survives in court.
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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
purporting not to get them is stubbornness, I might be guilty
of that.
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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
amicus_curious a...@sti.net writes:
Any merits of the case aside, it would seem to me that Moglen, et al
has bitten off a rather large chaw.
Fortunately, it is not the job of the court to put any merits of the
case aside.
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.
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, but they call their religion pragmatism.
This might leave a mere rump, scarcely larger than the groups which
maintain the BSD kernels.
I doubt it.
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RJack u...@example.net writes:
David Kastrup wrote:
Alan Mackenzie a...@muc.de writes:
In gnu.misc.discuss RJack u...@example.net wrote:
Reason? So do birds. flowers and trees. So what is your point?
You are correct (for once). I don't get it. Statements usually
have to make sense. What's
Alan Mackenzie a...@muc.de writes:
In gnu.misc.discuss David Kastrup d...@gnu.org wrote:
Alan Mackenzie a...@muc.de writes:
Quite simply, that it is the GPL itself which is the main reason for
the popularity of Linux amongst the people who write it.
Well, that's half of the story. Linux
.
You may, perhaps, continue to extol the virtues of the GPL under the
patchwork of laws of Europe but it's dead in the USA.
Stay away from your keyboard during your wet dreams.
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Alexander Terekhov terek...@web.de writes:
Hyman Rosen wrote:
On 3/9/2010 11:50 AM, RJack wrote:
... but that's not relevant. Neither is your analogy.
You're wrong about that (naturally). The original conversation was
On 3/2/2010 10:43 AM, Alexander Terekhov wrote:
David Kastrup
the license can be established, we
are talking about copyright infringement. But that situation is not so
dissimilar with contracts when one of the parties can be shown to have
had no intent of honoring its obligations.
So yes, there are some similarities. There are also some differences.
--
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a law utterly unrelated to
the discussion (repossession).
He probably fed the wrong keywords to his quote regurgitating engine.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
Uh moron Hyman. Let comrade dak translate the following for you:
Zwangsvollstreckung (§§ 704 - 945 ZPO)
No need to bother. It is utterly irrelevant to anything discussed so
far. Not that this should surprise
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
Uh moron Hyman. Let comrade dak translate the following for you:
Zwangsvollstreckung (§§ 704 - 945 ZPO)
No need to bother. It is utterly
?t=3
is still in breach.
It would be rather unusual for a settlement not to entail reasonable
deadlines for enacting the settlement.
There is no doubt you'll act hysterical in the mean time, but that is
not really something that the involved parties can take into account
when settling.
--
David
.
Courts have no direct input device for facts.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
RJack wrote:
RJack wrote:
PACER:
SFLC just voluntarily dismissed GCI Technologies Corp.
Uh, where is the SFLC's fucking press release triumphing yet another GPL
be passed to others. That includes
copyright, but not authorship.
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.
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decides to do in
consequence is a different matter.
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. It is his
choice.
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non-parties does no longer apply, and you _are_, as a party, bound by
the license terms.
The difference between a contract and a license is that with a license,
you have the choice to be considered a party, or a non-party.
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RJack u...@example.net writes:
David Kastrup wrote:
RJack u...@example.net writes:
That's a really brilliant tautology. If I never use the GPL then
the Supreme Court ruling doesn't apply! Clever. Really clever.
You are getting this backwards. The Supreme Court talks about
non-parties
for the results of the case. If the
plaintiff lack standing, there will be no reason for the defendants to
make the respective sources available under the GPL. Nor will there be
any reason for them to merely pretend doing so, as some of our more
desperate trolls claim to consider likely.
--
David Kastrup
.
But if a copy of a work is acquired with permission of the author, short
of any contractual restriction that the recipient explicitly signifies
agreement with, the author has no say in the default provisions of
copyright.
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their works get
relicensed under copyleft licenses is supposed to be a _moral_ storm of
indignation, not a legal one.
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RJack u...@example.net writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote: [...]
BSDL licensed material does not restrict sublicensing to identical
terms.
Absent an explicit grant of sublicensing rights, no right to
sublicense is generally
. Darwin may be, but all the graphical folderol running on it
is rather descended (or written new) from older MacOS code not based on
BSD.
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help your confusion.
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out in the license in question.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
You are confused. If I am the owner of a horse, I can authorize someone
else to sell it, even though ownership gives _me_ the exclusive right.
The whole point of authorization is to enable someone to act in one's
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
http://www.lehrer-online.de/dyn/bin/366209-369076-1-uebertragung_von_nutzungsrechten.pdf
Inhabern ausschließlicher Nutzungsrechte vorbehalten
Die Einräumung von Unternutzungsrechten ist allerdings dem Inhaber
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
Under the German copyright act ONLY EXCLUSIVE LICENSEES CAN
SUBLICENSE.
Wrong. You still don't get it. Exclusive licensees _automatically_
receive the right to sublicense.
Not automatically, dummkopf dak.
http
Zustimmung des Urhebers einräumen.
additional usage rights. And the Urheber (author) has in the case
in question granted his Zustimmung, given certain conditions.
You are really masterful at digging up quotes contradicting your claims.
--
David Kastrup
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
2) Copyright law seems even in the US holds that nonexclusive licenses
are clearly indivisible and do not automatically grant sublicense
rights (a sublicense being a new license issued by a licensee).
The GPL is used
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
RJack wrote:
[...]
Substitute the words tranfer of contractual interest for sub-license
so that you will no longer sound utterly confused DAK.
Are you having a problem
clause is GPL
incompatible. That was one motivator for them to drop this clause
eventually.
So sure: you can't take any BSDL style licensed stuff and integrate it
into work you distribute under the GPL. It depends on the license
variant in question. Some are compatible. Some not.
--
David
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
Dak boy is having a problem understanding § 35 Abs. 1 Satz 1 UrhG:
http://www.gesetze-im-internet.de/urhg/__35.html
(§ 35 Einräumung weiterer Nutzungsrechte)
(1) Der Inhaber eines ausschließlichen
-- the federal courts will
refuse to enforce it.
I don't need to. That you pretend not to understand BSD licensing does
not mean that the courts don't.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
BSDL licensed material does not restrict sublicensing to identical
terms.
It doesn't permit sublicensing at all you retard dak.
http://books.google.de/books?id=OCGsutgMdPICpg=SA4-PA42lpg=SA4-PA42dq=sublicensing+explicit
a drop-in replacement of existing non-free libraries. That makes mere
aggregation a really good defense.
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even the original author of
BusyBox v.0.60.3.
Why then would defendant settle and publish?
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Hyman Rosen hyro...@mail.com writes:
On 3/25/2010 10:05 AM, David Kastrup wrote:
Licenses covering a work as a whole are hard to press
when the material they cover is functionally a drop-in
replacement of existing non-free libraries. That makes
mere aggregation a really good defense
special case to explicitly load a shared executable (and
call its entry points) for which not particular headers were used in the
preparation of the binary. I do not even know the library/system call
for that.
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.
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profanity is another man's prayer Hyman.
You have strange gods.
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learning the use of the subjunctive mode when you are
spilling one of your wet fantasies.
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Hyman Rosen hyro...@mail.com writes:
On 3/25/2010 11:30 AM, David Kastrup wrote:
It would appear that you are not familiar with the realities of dynamic
linking on UNIX-like operating systems. Dynamically linked libraries
(we are not talking about Windows DLLs here) are carefully versioned
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
(Intellectual Property Licensing: Forms and Analysis)
Absent an explicit grant of sublicensing rights, no right to sublicense
is generally presumed.5 ... 5 Raufast SA v. Kniers Pizzazz, Ltd., 208
USPQ (BNA) 699
changes is not the rights to the copyrightable work (those remain
with the author), but whether it legally constitutes an integral part of
a larger whole or not. When it can be usefully combined with different
other parts, this is definitely not the case.
--
David Kastrup
attributions remain intact.
Of course, when doing so, you can only (successfully) claim copyright
violation for those parts which were written/modified by you.
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Nicolas Neuss lastn...@kit.edu writes:
David Kastrup d...@gnu.org writes:
It does not get you anything additional, but it gets you something
_less_: a proprietary product that uses your own code to draw your
user base away from you.
This is quite understandable - I would not really like
to make the best from what one actually got.
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Hyman Rosen hyro...@mail.com writes:
On 3/25/2010 2:21 PM, David Kastrup wrote:
Hyman Rosenhyro...@mail.com writes:
On 3/25/2010 1:49 PM, Hyman Rosen wrote:
it cannot possibly be correct under copyright law for the
rights to a work to change by the creation of a separate
work after
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
The whole point of the GPL as a license rather than a contract is
Dak, please stop ignoring the facts:
It's established by several courts in Germany that the GPL is an AGB
contract.
http://www.jbb.de/fileadmin
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
The whole point of the GPL as a license rather than a contract is
Dak, please stop ignoring the facts:
It's established by several courts
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
The whole point of the GPL as a license rather than a contract is
Dak
Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
[...]
You did not understand a word of what you were replying to, again. The
whole point was that in the case of a _license_, as opposed to a
contract, any such stipulation of a _penalty_ is _invalid_, and _only_
sustained
is a terrible thing to
waste.
So why are you wasting away in that manner?
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through all money until they have to declare
bankruptcy. Wait, they already did. And they _still_ manage to keep
burning through their creditors' money.
They really turn this into an art form.
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is also free to
chuck it in the bin and act like he never received it in the first
place.
That's one of its main points. It is also one of the main distractions
anti-GPL cranks tend to shout about in misleading ways.
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having
the matter of compliance move to a court in the first place.
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he realizes that is a different question.
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of communication is to communicate.
Here's the communication: STOP BEING UTTER IDIOT HYMAN!
I don't see him attempting to compete with you in that area.
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Alexander Terekhov terek...@web.de writes:
David Kastrup wrote:
Alexander Terekhov terek...@web.de writes:
Hyman Rosen wrote:
On 4/8/2010 12:53 PM, Alexander Terekhov wrote:
Uh idiot Hyman...
For indentation, go to
http://www.groklaw.net/article.php?story=20100403103524185
version under the same protection and licensing. Copyright protection
does not go away by changing a few lines, regardless of _who_ changed
the lines.
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software, not
least of all in this group.
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their bluff called
by several defendants.
Yes, the same fairy tale as before. They'll crawl back into their hole
and by some utterly unrelated und incomprehensible act, GPLed sources
will be made available by defendants.
Like it happened every time so far.
--
David Kastrup
than this License grants you permission to propagate
or modify any covered work. These actions infringe copyright if you
do not accept this License. Therefore, by modifying or propagating
a covered work, you indicate your acceptance of this License to do
so.
--
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