Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-09 Thread Hyman Rosen
Alexander Terekhov wrote: Does that GPL disk contain source code corresponding to http://www2.verizon.net/micro/actiontec/actiontec.asp including all future Verizon firmware upgrades as well? I don't have the disk, but I imagine that it comes with a website address from which one obtains

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-09 Thread Hyman Rosen
Alexander Terekhov wrote: Does that GPL disk contain source code corresponding to http://www2.verizon.net/micro/actiontec/actiontec.asp including all future Verizon firmware upgrades as well? I don't have the disk, but I imagine that it comes with a website address from which one obtains

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-09 Thread Hyman Rosen
Alexander Terekhov wrote: Does that GPL disk contain source code corresponding to http://www2.verizon.net/micro/actiontec/actiontec.asp including all future Verizon firmware upgrades as well? I don't have the disk, but I imagine that it comes with a website address from which one obtains

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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-03 Thread Hyman Rosen
Rjack wrote: We can conclude with confidence that Verizon told the SFLC to kiss their royal purple ass. Verizon supplies FiOS routers complete with a Verizon-branded manual which mentions the GPL and a disk which includes the GPLed source code. The upgrade site is for upgrades; people who are

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-03 Thread Alexander Terekhov
Hey Hyman, the manual refers to GPL.exe. Google yields this about GPL.exe: - GPL.EXE Application/Process Description Below is a description of GPL.EXE. This application may not be safe to have on your computer. If this application is running on your computer, it is advised that you scan your

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-03 Thread Hyman Rosen
Alexander Terekhov wrote: Google yields this about GPL.exe Google yields this about Alexander Terekhov: http://www.fashionwindows.com/gallery/terexov/default.asp Terexov by Alexander Terekhov: Soft, Fluid Silhouettes ... Proposing 30 looks that are mainly knee-length and floor

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-03 Thread Rjack
Hyman Rosen wrote: Alexander Terekhov wrote: Google yields this about GPL.exe Google yields this about Alexander Terekhov: http://www.fashionwindows.com/gallery/terexov/default.asp Terexov by Alexander Terekhov: Soft, Fluid Silhouettes ... Proposing 30 looks that are mainly knee-length and

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
amicus_curious wrote: With a URL of download.Verizon.net? Which contains actiontec gateway? ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread David Kastrup
c.c.ei...@xrexxcopyr.usenet.us.com (Rahul Dhesi) writes: David Kastrup d...@gnu.org writes: Rjack u...@example.net writes: Also there is no evasion of an interpretation of the GPL since the GPL is not even under dispute. It would only be under dispute if the defendants claimed compliance

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rahul Dhesi
David Kastrup d...@gnu.org writes: I think Rjack has a valid point that a court might well treat the GPL as a contract in such a case. Huh? You can't be held to a contract you did not sign. Does every contract require a signature? -- Rahul http://rahul.rahul.net/

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Hyman Rosen wrote: Rjack wrote: The settlement agreement will, of course, be an agreement to pay Cisco's attorney fees and require the SFLC to voluntarily dismiss their silly propaganda suit -- same as always. What evidence do you have that the SFLC has ever payed the attorney's fees for

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Rahul Dhesi wrote: [...] I will go with the CAFC's analysis over yours. The CAFC ruled: http://www.cafc.uscourts.gov/opinions/08-1001.pdf Under California contract law, provided that typically denotes a condition. See, e.g., Diepenbrock v. Luiz, 159 Cal. 716 (1911) The Diepenbrock v. Luiz

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread amicus_curious
Thufir Hawat hawat.thu...@gmail.com wrote in message news:haeql.53381$ci2.43...@newsfe09.iad... 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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:khmql.51855$2o4.35...@newsfe03.iad... amicus_curious wrote: With a URL of download.Verizon.net? Which contains actiontec gateway? No. the link from Verizon.com has that directory name which resolves to download.Verizon.net which is a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
David Kastrup wrote: [...] I think Rjack has a valid point that a court might well treat the GPL as a contract in such a case. Huh? You can't be held to a contract you did not sign. Spitting coffee all over my two monitors. Dak, dak, dak, you #%#%$#%$#. Verträge können schriftlich,

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Rahul Dhesi wrote: [...] didn't see, how that applies to a clear written license that repeatedly says provided that. http://web.lexis-nexis.com/research/retrieve?_m=9d061ea7856d1e028cc0a06fdcdecfb5docnum=1_fmtstr=FULL_startdoc=1wchp=dGLzVtz-zSkAb_md5=c4b44e6c4c2abb82fad4247554a9f7fa It is

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Rjack wrote: The law firms hired by the defendants continue in business in beautiful, spacious office buildings a fact that may easily be publicly observed. Lawyers always get paid. And money is fungible. So as I thought, this is merely wishful thinking on your part. As part of a settlement

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
amicus_curious wrote: What difference would it make if they were somehow linked behind the scenes to some server owned by another company. Verizon must honor the terms of the GPL only if it takes actions permitted by the GPL but otherwise forbidden by copyright law. I believe that the details

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: The CAFC opinion is utter idiocy, Rahul. No drunkenness this time? Isn't it awful how those actual judges just don't have the wisdom, intelligence, and perspicacity that you do? As discussed by The Supreme Court of California, the term

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Alexander Terekhov wrote: 1. http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 He doesn't like the CAFC decision either. Too bad for him. He doesn't like that violating the conditions of a license is copyright infringement. Too bad for him. All open source licenses will need to be modified

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: 1. http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936 He doesn't like the CAFC decision either. Too bad for him. He doesn't like that violating the conditions of a license is copyright infringement. Too bad for him. All open source

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Hyman Rosen wrote: [...] It is a reasonable explanation of why the SFLC dismissed its case against Verizon, made more plausible by the actiontec gateway part of the URL. Man oh man. That gateway word is just the name of the box, idiot.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread David Kastrup
Alexander Terekhov terek...@web.de writes: David Kastrup wrote: [...] I think Rjack has a valid point that a court might well treat the GPL as a contract in such a case. Huh? You can't be held to a contract you did not sign. Spitting coffee all over my two monitors. Dak, dak, dak, you

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Alexander Terekhov wrote: That gateway word is just the name of the box What do you mean? If you're saying that Verizon and Actiontec are the same company, then we're done, since Actiontec complies with the GPL. ___ gnu-misc-discuss mailing list

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
David Kastrup wrote: [...] In contrast, the GPL does not meet the preconditions for AGB, ... Go tell it to judges in Munich and Frankfurt. http://www.jbb.de/judgment_dc_munich_gpl.pdf http://www.jbb.de/judgment_dc_frankfurt_gpl.pdf http://www.jbb.de/urteil_lg_muenchen_gpl.pdf

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: That gateway word is just the name of the box What do you mean? I mean that your silly theory of behind the scene linkage and retransmission is fantastically implausible. Would you make your silly claims if Verizon would call the download

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:jxsql.24840$zp.11...@newsfe21.iad... amicus_curious wrote: What difference would it make if they were somehow linked behind the scenes to some server owned by another company. Verizon must honor the terms of the GPL only if it takes

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:sssql.24839$zp@newsfe21.iad... amicus_curious wrote: No. the link from Verizon.com has that directory name which resolves to download.Verizon.net which is a URL owned by Verizon. Have you been paying attention? Just because the file

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Hyman Rosen wrote: Alexander Terekhov wrote: The CAFC opinion is utter idiocy, Rahul. No drunkenness this time? Isn't it awful how those actual judges just don't have the wisdom, intelligence, and perspicacity that you do? You have to be either drunk or stupid to believe the CAFC was

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Alexander Terekhov wrote: Would you make your silly claims if Verizon would call the download directory actiontec box? Face it: gateway is how they call the box. The label on the download URL says Router Model MI424WR FiOS Router. Why doesn't the label on the box show up as the label on the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
amicus_curious wrote: Because that is part of what I do for a living and I am very familiar with how corporations structure backend storage. What on earth would qualify you to come up with such a half-wit theory as you have done? Hymen is a fully qualified half-wit -- it's his occupational

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Hyman Rosen wrote: Rjack wrote: The law firms hired by the defendants continue in business in beautiful, spacious office buildings a fact that may easily be publicly observed. Lawyers always get paid. And money is fungible. So as I thought, this is merely wishful thinking on your part. As

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Rjack wrote: except Verizon Here is the manual for the Actiontec router: http://www.actiontec.com/support_cms/doc_files/MI424WR_Rev._E_User_Manual_20.8.0_v3.pdf The manual is entitled Verizon FiOS Router and features the Verizon check mark and long z logo. The very last page contains a section

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Hyman Rosen wrote: Rjack wrote: except Verizon Here is the manual for the Actiontec router: http://www.actiontec.com/support_cms/doc_files/MI424WR_Rev._E_User_Manual_20.8.0_v3.pdf The manual is entitled Verizon FiOS Router and features the Verizon check mark and long z logo. The very

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Rjack wrote: Since when is a User Manual on an A-c-t-i-o-n-t-e-c site source code from V-e-r-i-z-o-n? When the front page says V-e-r-i-z-o-n and has V-e-r-i-z-o-n's corporate logo. It's a PDF of the user manual that ships with the router. The manual also makes clear that the router ships with

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread amicus_curious
Rjack u...@example.net wrote in message news:wbudnvfln-ndrzhunz2dnuvz_r-wn...@giganews.com... amicus_curious wrote: Because that is part of what I do for a living and I am very familiar with how corporations structure backend storage. What on earth would qualify you to come up with such a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Since when is a User Manual on an A-c-t-i-o-n-t-e-c site source code from V-e-r-i-z-o-n? When the front page says V-e-r-i-z-o-n and has V-e-r-i-z-o-n's corporate logo. It's a PDF of the user manual that ships with the router. The manual also makes clear that

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread David Kastrup
amicus_curious a...@sti.net writes: Rjack u...@example.net wrote in message news:wbudnvfln-ndrzhunz2dnuvz_r-wn...@giganews.com... amicus_curious wrote: Because that is part of what I do for a living and I am very familiar with how corporations structure backend storage. What on earth would

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Rjack wrote: The Verizon headquarters has V-e-r-i-z-o-n on the building. Does that make all that brick and mortor source code too? A Verizon-branded manual for a Verizon-branded router has a section on the GPL and the router comes with a GPL disk. This is no longer an issue of having to

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
David Kastrup wrote: amicus_curious a...@sti.net writes: Rjack u...@example.net wrote in message news:wbudnvfln-ndrzhunz2dnuvz_r-wn...@giganews.com... amicus_curious wrote: Because that is part of what I do for a living and I am very familiar with how corporations structure backend storage.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Hyman Rosen wrote: Rjack wrote: The Verizon headquarters has V-e-r-i-z-o-n on the building. Does that make all that brick and mortor source code too? A Verizon-branded manual for a Verizon-branded router has a section on the GPL and the router comes with a GPL disk. This is no longer an

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Rjack wrote: Stuff the rhetoric and just show the us code that V-e-r-i-z-o-n is d-i-s-t-r-i-b-u-t-i-n-g (other than in firmware in the routers). http://support.actiontec.com/doc_files/MI424WR_Rev._E_User_Manual_20.8.0_v3.pdf For details, see the GPL Code and LGPL Code for this product and

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Hyman Rosen hyro...@mail.com schrieb im Newsbeitrag news:h8yql.49364$az3.44...@newsfe01.iad... Rjack wrote: The Verizon headquarters has V-e-r-i-z-o-n on the building. Does that make all that brick and mortor source code too? A Verizon-branded manual for a Verizon-branded router has a section

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Alexander Terekhov wrote: Does that GPL disk contain source code corresponding to http://www2.verizon.net/micro/actiontec/actiontec.asp including all future Verizon firmware upgrades as well? I don't have the disk, but I imagine that it comes with a website address from which one obtains

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
Hyman Rosen hyro...@mail.com schrieb im Newsbeitrag news:nkzql.20936$ff1.19...@newsfe20.iad... [...] What say you now? Verzion is unaware of, ignores or willfully violates the GPL by distributing GPL'd binary code from http://www2.verizon.net/micro/actiontec/actiontec.asp but failing to

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Hyman Rosen wrote: Alexander Terekhov wrote: Now we see a Verzion-branded router with a product manual festooned with Verizon name and logo which has a section on the GPL and comes with a GPL disk. What say you now? I've already answered you Hyman: If we do find Verizon distributing some

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Alexander Terekhov wrote: Verzion is unaware of, ignores or willfully violates the GPL by distributing GPL'd binary code from http://www2.verizon.net/micro/actiontec/actiontec.asp but failing to ensure that downloaders can easily find the source code (offer) at the time they download the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Hyman Rosen
Rjack wrote: If we do find Verizon distributing some GPL source code (which we haven't) Of course we have - the Verizon-branded manual says so: http://support.actiontec.com/doc_files/MI424WR_Rev._E_User_Manual_20.8.0_v3.pdf For details, see the GPL Code and LGPL Code for this product and

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Alexander Terekhov
David Kastrup d...@gnu.org schrieb im Newsbeitrag news:85vdqrmxww@lola.goethe.zz... amicus_curious a...@sti.net writes: Rjack u...@example.net wrote in message news:wbudnvfln-ndrzhunz2dnuvz_r-wn...@giganews.com... amicus_curious wrote: Because that is part of what I do for a living and

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-02 Thread Rjack
Alexander Terekhov wrote: Hyman Rosen hyro...@mail.com schrieb im Newsbeitrag news:nkzql.20936$ff1.19...@newsfe20.iad... [...] What say you now? Verzion is unaware of, ignores or willfully violates the GPL by distributing GPL'd binary code from

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: Here's a nice link from Australia (which follows English common law same as in the US) that explains the difference: http://law.anu.edu.au/COLIN/Lectures/frust.htm ... Here's a nice citation from the Second Circuit that demonstrates that a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread amicus_curious
Thufir Hawat hawat.thu...@gmail.com wrote in message news:uxmql.16489$l71.15...@newsfe23.iad... On Fri, 27 Feb 2009 09:05:35 -0500, amicus_curious wrote: Thufir Hawat hawat.thu...@gmail.com wrote in message news:1blpl.46156$ci2.13...@newsfe09.iad... On Thu, 26 Feb 2009 15:26:56 -0500,

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack u...@example.net writes: Here's my citation: ...abandonment of a contract can be accomplished only through mutual assent of the parties, as demonstrated by positive and unequivocal conduct inconsistent with an intent to be bound [ no public link ] That citation will not help you. You

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: Here's my citation: ...abandonment of a contract can be accomplished only through mutual assent of the parties, as demonstrated by positive and unequivocal conduct inconsistent with an intent to be bound [ no public link ] That

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack u...@example.net writes: I think you're confusing conditions qualifying performance of a contract with rescission of a contract but I can't be sure. You can be sure. I'm not, you are. You are ignoring the plain language of the GPL where is says provided that several times, and will

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: I think you're confusing conditions qualifying performance of a contract with rescission of a contract but I can't be sure. You can be sure. I'm not, you are. You are ignoring the plain language of the GPL where is says provided that

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack u...@example.net writes: Unfortunately, if you wish to refute my cited authority of Graham v James you'll have to do it on your own dime. The case *clearly* refutes automatic termination due to breach so either you haven't read it or are incapable of understanding it. Alexander Terekhov

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

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.

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: Unfortunately, if you wish to refute my cited authority of Graham v James you'll have to do it on your own dime. The case *clearly* refutes automatic termination due to breach so either you haven't read it or are incapable of understanding

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Thufir Hawat wrote: 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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack u...@example.net writes: The opinion that you so triumphantly cite states: Graham and James orally agreed to the licensing agreement and did not clearly delineate its conditions and covenants. A case about an unclear oral agreement -- that's all you can come up with? But the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: Rahul Dhesi wrote: Rjack u...@example.net writes: As I asked before: Is this the best you can do? As I previously stated , it was all I needed to do -- correctly cite the applicable law. I can't force you to learn or comprehend. You

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: As I asked before: Is this the best you can do? As I previously stated , it was all I needed to do -- correctly cite the applicable law. I can't force you to learn or comprehend. Sincerely, Rjack :) -- You can lead a horse to water but you

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack u...@example.net writes: Rahul Dhesi wrote: Rjack u...@example.net writes: As I asked before: Is this the best you can do? As I previously stated , it was all I needed to do -- correctly cite the applicable law. I can't force you to learn or comprehend. You haven't cited law that

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Hyman Rosen
Rjack wrote: The settlement agreement will, of course, be an agreement to pay Cisco's attorney fees and require the SFLC to voluntarily dismiss their silly propaganda suit -- same as always. What evidence do you have that the SFLC has ever payed the attorney's fees for the other side? I'm sure

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread David Kastrup
Rjack u...@example.net writes: David Kastrup wrote: Also there is no evasion of an interpretation of the GPL since the GPL is not even under dispute. It would only be under dispute if the defendants claimed compliance as a defense. The cases up to now have been cutdry sufficiently for

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Rahul Dhesi
David Kastrup d...@gnu.org writes: Rjack u...@example.net writes: Also there is no evasion of an interpretation of the GPL since the GPL is not even under dispute. It would only be under dispute if the defendants claimed compliance as a defense ... Would the GPL be construed as a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Rjack
Rahul Dhesi wrote: David Kastrup d...@gnu.org writes: Rjack u...@example.net writes: Also there is no evasion of an interpretation of the GPL since the GPL is not even under dispute. It would only be under dispute if the defendants claimed compliance as a defense ... Would the GPL

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Rahul Dhesi
Rjack u...@example.net writes: That's not even wrong -- the SFLC raises the existence of the GPL license in their Complaint. The defendant need not claim compliance or for that matter need plead *anything*: Copyright disputes involving only the scope of the alleged infringer's license present

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Alexander Terekhov
Rahul Dhesi wrote: Rjack u...@example.net writes: There is no automatic termination in the Second Circuit: . . rescission of the contract only occurs upon affirmative acts by the licensor, and a breach by one party does not automatically result in rescission of a contract You

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Rjack
Alexander Terekhov wrote: Rahul Dhesi wrote: Rjack u...@example.net writes: There is no automatic termination in the Second Circuit: . . rescission of the contract only occurs upon affirmative acts by the licensor, and a breach by one party does not automatically result in rescission of a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-28 Thread Rahul Dhesi
Rjack u...@example.net writes: Here's a nice link from Australia (which follows English common law same as in the US) that explains the difference: http://law.anu.edu.au/COLIN/Lectures/frust.htm ... Here's a nice citation from the Second Circuit that demonstrates that a termination of the

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

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?

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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread amicus_curious
Rahul Dhesi c.c.ei...@xrexxcopyr.usenet.us.com wrote in message news:go7vgf$4p...@blue.rahul.net... amicus_curious a...@sti.net writes: I don't know that they are afraid of Verizon, I think that they do understand the meaning of dismissed with predjudice though and have no way to complain

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread amicus_curious
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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Hyman Rosen
Rahul Dhesi wrote: No, copyright law grants a monopoly on what may be done (e.g., copying, public performance, ...), not where it may be done (who owns the server). Copyright law contains exceptions and distinctions for digital copying over networks. And when a user initiates an action from a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Hyman Rosen
Rjack wrote: http://www.law.cornell.edu/supct/pdf/99-1551P.ZO The above ruling is *binding* on every federal court in the land. The above ruling is was about a court dismissing a case upon the merits, not a voluntary dismissal by the plaintiffs. Not only that, the Supreme Court concluded

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Alexander Terekhov
Hyman Rosen wrote: [...] copying over networks. And when a user initiates an action from a browser that goes to a webserver which obtains a file from Hugh? In the case of http://www2.verizon.net/micro/actiontec/actiontec.asp the initiator of an action relevant to the copyright laws is

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Hyman Rosen
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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Alexander Terekhov
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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Rjack
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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread amicus_curious
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

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Hyman Rosen
Rjack wrote: Yeh. . . especially since it ain't got no friggin' choice. Why do you believe they had no choice? ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Rahul Dhesi
Rjack u...@example.net writes: A dismissal with prejudice just means you can't refile for a violation that has already occurred. You can always refile for violations occuring after that. Rjack, how come you don't cite cases when amicus_curious gets the law wrong? OK Rahul. Here's your

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: A dismissal with prejudice just means you can't refile for a violation that has already occurred. You can always refile for violations occuring after that. Rjack, how come you don't cite cases when amicus_curious gets the law wrong? OK

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Rjack
Rahul Dhesi wrote: To clarify, suppose somebody hits you, and you sue him, and he succeeds in persuading you to dismiss with prejudice. Does this now give that person a lifetime license to hit you any time he wishes? Citations would be great! To clarify, suppose somebody lies about you

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Hyman Rosen
Rjack wrote: The BusyBox suits are over. Get over spinning the hypothetical settlements. After each case was settled, the defendants or their agents made the source code properly available under the GPL. Move on to creating explanations to justify the SFLC's evasion of an interpretation of

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread David Kastrup
Hyman Rosen hyro...@mail.com writes: Rjack wrote: The BusyBox suits are over. Get over spinning the hypothetical settlements. After each case was settled, the defendants or their agents made the source code properly available under the GPL. Move on to creating explanations to justify the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Rjack
David Kastrup wrote: Hyman Rosen hyro...@mail.com writes: Rjack wrote: The BusyBox suits are over. Get over spinning the hypothetical settlements. After each case was settled, the defendants or their agents made the source code properly available under the GPL. Move on to creating

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Peter Köhlmann
Rjack wrote: David Kastrup wrote: Hyman Rosen hyro...@mail.com writes: Rjack wrote: The BusyBox suits are over. Get over spinning the hypothetical settlements. After each case was settled, the defendants or their agents made the source code properly available under the GPL. Move on to

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread Rjack
Peter Köhlmann wrote: Rjack wrote: David Kastrup wrote: Hyman Rosen hyro...@mail.com writes: Rjack wrote: The BusyBox suits are over. Get over spinning the hypothetical settlements. After each case was settled, the defendants or their agents made the source code properly available under

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-27 Thread amicus_curious
Rjack u...@example.net wrote in message news:xo-dnwfrqlit8jxunz2dnuvz_t3in...@giganews.com... Peter Köhlmann wrote: Rjack wrote: David Kastrup wrote: Hyman Rosen hyro...@mail.com writes: Rjack wrote: The BusyBox suits are over. Get over spinning the hypothetical settlements. After each

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
Rjack wrote: I would never brag about being so insignificant that no one even notices me. The purpose of the FSF and the GPL is not be famous. It is to insure, as best they can, that users of software have the right to read, run, modify, and share it. This is exactly the case for the software

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Alexander Terekhov
Hyman Rosen wrote: Rjack wrote: I would never brag about being so insignificant that no one even notices me. The purpose of the FSF and the GPL is not be famous. It is to insure, as best they can, that users of software have the right ... And how do the visitors/users of downloaded

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Hyman Rosen
Alexander Terekhov wrote: And how do the visitors/users of downloaded software from http://www2.verizon.net/micro/actiontec/actiontec.asp suppose to know that they have the all the rights reserved to the copyright owners? I assume those people already have the routers for which they are

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-02-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: I would never brag about being so insignificant that no one even notices me. The purpose of the FSF and the GPL is not be famous. It is to insure, as best they can, that users of software have the right to read, run, modify, and share it. This is exactly the

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