Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson (AW1337)

2008-07-24 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: http://williampatry.blogspot.com/2007/01/section-411a-bites-plaintiff-twice.html An opinion issued ... shows some courts may take the requirement too seriously. I think that awarding attorneys fees against plaintiff and forcing

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson (AW1337)

2008-07-24 Thread Hyman Rosen
Alexander Terekhov wrote: I think that awarding attorneys fees against plaintiff and forcing plaintiff pay another case filing fee (IF and when plaintiff receives a registration or a rejection thereof and decides to go to court once again) is the right remedy. Sounds good to me. Attorney

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson (AW1337)

2008-07-23 Thread Alexander Terekhov
Hyman Rosen wrote: [...] In every case they file, the defendants have been illegally distributing GPLed software. After each of these cases has Contract breach (let's assume a valid contract)/not fulfilling contractual obligations is not illegal. The contract laws recognize a concept called

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson (AW1337)

2008-07-23 Thread Hyman Rosen
Alexander Terekhov wrote: Contract breach (let's assume a valid contract)/not fulfilling contractual obligations is not illegal. http://www.copyright.gov/title17/92chap5.html Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson(AW1337)

2008-07-23 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Contract breach (let's assume a valid contract)/not fulfilling contractual obligations is not illegal. http://www.copyright.gov/title17/92chap5.html You confuse IP license breach with IP infringement. Whether this [act of authorization]

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson(AW1337)

2008-07-23 Thread Hyman Rosen
Alexander Terekhov wrote: [I]mplicit in a nonexclusive license These court decisions about nonexclusive licenses have been about implied licenses, not written ones, except for the recent Jacobsen v. Katzer case. (Which is therefore being appealed and criticized, but I will take my own advice

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson(AW1337)

2008-07-23 Thread John Hasler
Jacobsen v. Katzer is about the Artistic License which lacks a termination clause and is so poorly drafted as to be nearly incomprehensible. I don't think it's relevant to the GPL. -- John Hasler [EMAIL PROTECTED] Dancing Horse Hill Elmwood, WI USA

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson (AW1337)

2008-07-22 Thread Alexander Terekhov
Hyman Rosen wrote: rjack wrote: The S.F.L.C. attorneys are *consistent* and we may *always* count on them. They have filed six consecutive incompetent pleadings in the Southern District of New York. In any of these cases, is there an instance where the source code of the GPLed

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson (AW1337)

2008-07-22 Thread Hyman Rosen
Alexander Terekhov wrote: None of those mirrors of out-dated busybox and other GPL'd source code that nobody really cares about comply with the FSF/SFLC view on complete corresponding source code regarding Infringing Products being made available by defendants. It is false that nobody really

Re: SFLC's GPL court enforcement -- A telling admission by AaronWilliamson(AW1337)

2008-07-22 Thread Alexander Terekhov
Hyman Rosen wrote: [...] requires that the source for those versions be made available. Read the complaint you idiot. The claimed unresolved issue is 18. On June 25, 2008, after a series of communications between the parties regarding other of Plaintiffs’ requirements for settlement,