Re: More FSF hypocrisy

2009-03-30 Thread David Kastrup
Alfred M. Szmidt a...@gnu.org writes: Note that even as you continue to bombard GNU with continually repeated insults (yes, insults), there is no call to censor you, and I can guarantee to you that Richard Stallman would not countenance any such censoring, were he to express a

Re: More FSF hypocrisy

2009-03-30 Thread David Kastrup
Rui Miguel Silva Seabra r...@1407.org writes: On Sat, Mar 28, 2009 at 09:27:34AM +, Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: You know, There's only so much skill fine tuning you can do when you

Re: More FSF hypocrisy

2009-03-30 Thread Rjack
Rui Miguel Silva Seabra wrote: On Sat, Mar 28, 2009 at 09:27:34AM +, Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: ok, how do you propose to protect legitimate users from the constant harassing of either crazy or paid people? I'd like to know. That's what the folks

Re: More FSF hypocrisy

2009-03-30 Thread Rui Miguel Silva Seabra
On Mon, Mar 30, 2009 at 01:15:36PM -0400, Rjack wrote: Rui Miguel Silva Seabra wrote: On Sat, Mar 28, 2009 at 09:27:34AM +, Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: ok, how do you propose to protect legitimate users from the constant harassing of either crazy or

Re: More FSF hypocrisy

2009-03-30 Thread Rui Miguel Silva Seabra
On Mon, Mar 30, 2009 at 04:29:29PM +0200, David Kastrup wrote: Any particular reason you say that? I just can't believe a crazy person would be able to so relentelessly bother people in such elaborate ways for such a long time. You've never been to school? In pretty much every larger

Re: More FSF hypocrisy

2009-03-29 Thread Alan Mackenzie
Good Morning, RJack! Rjack u...@example.net wrote: Alan Mackenzie wrote: Rjack u...@example.net wrote: Alan Mackenzie wrote: Rjack u...@example.net wrote: Alan Mackenzie wrote: Please also get out a bit, socialise with people other than RMS and go for a reality check on what GNU is. I

Re: More FSF hypocrisy

2009-03-29 Thread Rui Miguel Silva Seabra
On Sat, Mar 28, 2009 at 09:27:34AM +, Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: You know, There's only so much skill fine tuning you can do when you fight dolls. Rjack, Therekov, amicus

Re: More FSF hypocrisy

2009-03-29 Thread Rjack
Rui Miguel Silva Seabra wrote: On Sat, Mar 28, 2009 at 09:27:34AM +, Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: ok, how do you propose to protect legitimate users from the constant harassing of either crazy or paid people? I'd like to know. Yeh. . . legitimate

Re: More FSF hypocrisy

2009-03-28 Thread Alan Mackenzie
Rui Miguel Silva Seabra r...@1407.org wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: You know, There's only so much skill fine tuning you can do when you fight dolls. Rjack, Therekov, amicus something, and all those trolls will NEVER see this or that. Their sole

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

Re: More FSF hypocrisy

2009-03-28 Thread Rjack
Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: Rjack, Therekov, amicus something, and all those trolls will NEVER see this or that. Their sole purpose is to make people loose time answering them and to polute

Re: More FSF hypocrisy

2009-03-28 Thread Alan Mackenzie
Rjack u...@example.net wrote: Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: Rjack, Therekov, amicus something, and all those trolls will NEVER see this or that. Their sole purpose is to make people loose

Re: More FSF hypocrisy

2009-03-28 Thread Alexander Terekhov
Alan Mackenzie wrote: [...] If you want to continue attacking GNU and the FSF, and you've any sense of decency in you, you'll go and do it somewhere where you won't be abusing the FSF's resources. Alan, I couldn't care less about the GNU/FSF's resource. As far as I'm concerned, the FSF/GNU

Re: More FSF hypocrisy

2009-03-28 Thread Alfred M. Szmidt
Note that even as you continue to bombard GNU with continually repeated insults (yes, insults), there is no call to censor you, and I can guarantee to you that Richard Stallman would not countenance any such censoring, were he to express a view. Well, he would, he has expressed such

Re: More FSF hypocrisy

2009-03-28 Thread Alexander Terekhov
Alfred M. Szmidt wrote: Note that even as you continue to bombard GNU with continually repeated insults (yes, insults), there is no call to censor you, and I can guarantee to you that Richard Stallman would not countenance any such censoring, were he to express a view. Well,

Re: More FSF hypocrisy

2009-03-28 Thread Rjack
Alan Mackenzie wrote: Rjack u...@example.net wrote: Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: Rjack, Therekov, amicus something, and all those trolls will NEVER see this or that. Their sole purpose is to

Re: More FSF hypocrisy

2009-03-28 Thread Alan Mackenzie
Rjack u...@example.net wrote: Alan Mackenzie wrote: Rjack u...@example.net wrote: Alan Mackenzie wrote: Rui Miguel Silva Seabra r...@1407.org wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: Rjack, Therekov, amicus something, and all those trolls will NEVER see this

Re: More FSF hypocrisy

2009-03-28 Thread Alan Mackenzie
Rjack u...@example.net wrote: Alan Mackenzie wrote: Rjack u...@example.net wrote: Alan Mackenzie wrote: sigh Please think about the dictum don't be a dick. Please also get out a bit, socialise with people other than RMS and go for a reality check on what GNU is. Sigh... Now you that

Re: More FSF hypocrisy

2009-03-28 Thread Rjack
Alan Mackenzie wrote: Rjack u...@example.net wrote: Alan Mackenzie wrote: Rjack u...@example.net wrote: Alan Mackenzie wrote: sigh Please think about the dictum don't be a dick. Big dick or little dick? I like the big ones myself. Please also get out a bit, socialise with people other

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Alexander Terekhov wrote: Given, in the context of the GPL: (a) permissions (b) requirements Question: How can one possibly fulfill (b) without first taking advantage of (a)? Your answer: One of the GPL's requirements for copying and distributing a covered work is that it must be

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Rjack wrote: Uhm. No 17 USC 103(b)? 17 USC 103(b) is irrelevant to the GPL. That section of the law refers to the copyrights that the creator of a combined work gets on the part of the work that is his alone, and that this added copyright does not affect the duration of the copyright of

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
amicus_curious wrote: If Verizon was deficient and unable to properly convey the license, the GPL assigns it to the end user automatically anyway. The end user has a license regardless. That is not true. How can the GPL assign anything to anyone who has not received software under its

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
amicus_curious wrote: Hyman Rosen hyro...@mail.com wrote And I pointed out that in fact, how an end user gets his copy can matter. Not if the copy is under the GPL. But the copy is only under the GPL if the end user was given the copy under the GPL! A random binary without a license can't

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Rjack wrote: Thank God Hyman finally admitted there are rights holders -- that's *PLURAL* (see the 's' in 'holders'?) as in bilateral parties. Maybe there's hope for Hyman after all. I was actually referring to the many people who release under the GPL, but of course combined works have many

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Rjack wrote: The goalposts have mrely moved. No. The goals are and have always been the same - that software users should have the right to run, read, modify, and share the programs that they receive. You are being distracted by your dislike of the GPL and

Re: More FSF hypocrisy

2009-03-27 Thread Rjack
Hyman Rosen wrote: Alexander Terekhov wrote: Given, in the context of the GPL: (a) permissions (b) requirements Question: How can one possibly fulfill (b) without first taking advantage of (a)? Your answer: One of the GPL's requirements for copying and distributing a covered work is that

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Rjack wrote: The GPL is not embedded in the copyrighted source code file therefore that requirement is a contractual covenant and not a scope-of-use restriction or a condition precedent. What nonsense. Accompanying the copy of the covered code with the GPL is a condition of being permitted to

Re: More FSF hypocrisy

2009-03-27 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Uhm. No 17 USC 103(b)? 17 USC 103(b) is irrelevant to the GPL. That section of the law refers to the copyrights that the creator of a combined work gets on the part of the work that is his alone, and that this added copyright does not affect the duration

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Rjack wrote: What do you think authorizes the making and distribution of copies is called in legal terms? It is called waiving their exclusive rights. If you mean in exactly the same sense that an author waives his exclusive rights when he allows a publisher to print and sell his books, fine.

Re: More FSF hypocrisy

2009-03-27 Thread Alexander Terekhov
Hyman Rosen wrote: Rjack wrote: What do you think authorizes the making and distribution of copies is called in legal terms? It is called waiving their exclusive rights. If you mean in exactly the same sense that an author waives his exclusive rights when he allows a publisher to print

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Alexander Terekhov wrote: Mah oh man, you're really dense. Before a copy can be made, it (i.e. future copy) must first be accompanied by a copy of the GPL? Do you have a Time Machine, Hyman? What in the world are you talking about? In order to make and distribute copies of GPLed works, you

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Alexander Terekhov wrote: He is using waive as in implicit in a copyright license is the promise not to sue for copyright infringement. And that happens when the author grants his nonexclusive license to the copier. That grant happens as long as the copier complies with the conditions of the

Re: More FSF hypocrisy

2009-03-27 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:uf4zl.173520$xk6.65...@newsfe12.iad... amicus_curious wrote: If Verizon was deficient and unable to properly convey the license, the GPL assigns it to the end user automatically anyway. The end user has a license regardless. That is not

Re: More FSF hypocrisy

2009-03-27 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Mah oh man, you're really dense. Before a copy can be made, it (i.e. future copy) must first be accompanied by a copy of the GPL? Do you have a Time Machine, Hyman? What in the world are you talking about? In order to make and distribute

Re: More FSF hypocrisy

2009-03-27 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: He is using waive as in implicit in a copyright license is the promise not to sue for copyright infringement. And that happens when the author grants his nonexclusive license to the copier. That grant happens as long as the copier complies

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
amicus_curious wrote: Hyman Rosen hyro...@mail.com wrote news:uf4zl.173520$xk6.65...@newsfe12.iad... http://www.gnu.org/licenses/old-licenses/gpl-2.0.html However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so

Re: More FSF hypocrisy

2009-03-27 Thread Rjack
Hyman Rosen wrote: Rjack wrote: What do you think authorizes the making and distribution of copies is called in legal terms? It is called waiving their exclusive rights. If you mean in exactly the same sense that an author waives his exclusive rights when he allows a publisher to print and

Re: More FSF hypocrisy

2009-03-27 Thread Rjack
Hyman Rosen wrote: Alexander Terekhov wrote: Mah oh man, you're really dense. Before a copy can be made, it (i.e. future copy) must first be accompanied by a copy of the GPL? Do you have a Time Machine, Hyman? What in the world are you talking about? In order to make and distribute copies

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Rjack wrote: ARTICLE 224 Condition Defined: A condition is an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.;Restatement (Second) of Contracts I know you can't understand this concept (linear ordering of

Re: More FSF hypocrisy

2009-03-27 Thread Alexander Terekhov
Rjack wrote: [...] Hyman you are like a child who is first shown a picture of a dog and then calls anything with four legs (i.e. a cat or a deer) a dog. (From the test to become GNUtian) Given: One dog (Doggy) and one cat (Catty). Question: How many dogs do we have if you

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Alexander Terekhov wrote: Forget about and distribute for a moment. No, I can't do that. The GPL tells you what you need to do in order to be authorized to make copies for distribution. Simply because the process of making and distributing those copies may have a manufacturing step in which

Re: More FSF hypocrisy

2009-03-27 Thread Rahul Dhesi
Rjack u...@example.net writes: Alexander is trying to explain to you that a requirement qualifies as a condition precedent to a copyright grant if and only if the requirement *must* occur *before* the grant of rights becomes effective (contract performance). Obviously, the requirement cannot

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Rjack wrote: The authors are relenquishing their rights within contractual privity a concept which I know totally evades your understanding. Wikipedia to the rescue! http://en.wikipedia.org/wiki/Privity The doctrine of privity in contract law provides that a contract cannot confer

Re: More FSF hypocrisy

2009-03-27 Thread Alexander Terekhov
Hyman Rosen wrote: [...] The GPL isn't a contract. Hyman, please go to http://www.ibm.com/ibm/sjp/, click on Send e-mail, and let Sam know that his lawyers are a bunch of retards failing to grok that the GPL isn't a contract. http://groklaw.net/pdf/IBM-881.pdf -- SCO's GPL violations

Re: More FSF hypocrisy

2009-03-27 Thread Hyman Rosen
Alexander Terekhov wrote: http://groklaw.net/pdf/IBM-881.pdf Oh, goody! I love when your postings militate against your own thesis. Read the footnote on page 24: a fair and equitable result will be preferred over a harsh and unreasonable one, and an interpretation that will produce an

Re: More FSF hypocrisy

2009-03-27 Thread Alexander Terekhov
Rahul Dhesi wrote: [...] If this still bothers you, consider the condition as a condition concurrent and not a condition precedent. Look it up. Example: Bryan promises to buy Stevie's guitar for $1000 and Stevie promises to give Bryan the guitar when Bryan gives Stevie $1000. What does this

Re: More FSF hypocrisy

2009-03-27 Thread Rjack
Rahul Dhesi wrote: Rjack u...@example.net writes: Alexander is trying to explain to you that a requirement qualifies as a condition precedent to a copyright grant if and only if the requirement *must* occur *before* the grant of rights becomes effective (contract performance). Obviously, the

Re: More FSF hypocrisy

2009-03-27 Thread Rahul Dhesi
Rjack u...@example.net writes: Rahul, do you really believe that you can cause source code to to be licensed as a whole at no charge to all third parties under the terms of this License *before* you ever distribute a copy of the source code to be licensed to those third parties? If you really

Re: More FSF hypocrisy

2009-03-27 Thread Alexander Terekhov
Rjack wrote: [...] This is not a case where payment of JMI's costs and public recognition of authorship were made conditions precedent to the granted right to play. See Restatement (Second) of Contracts § 225 (1981). In such a case, absent performance of the conditions, the license would not

Re: More FSF hypocrisy

2009-03-27 Thread Rui Miguel Silva Seabra
On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: Rjack wrote: The authors are relenquishing their rights within contractual privity a concept which I know totally evades your understanding. Wikipedia to the rescue! http://en.wikipedia.org/wiki/Privity The doctrine of

Re: More FSF hypocrisy

2009-03-27 Thread Rjack
Rui Miguel Silva Seabra wrote: On Fri, Mar 27, 2009 at 12:46:40PM -0400, Hyman Rosen wrote: Rjack wrote: The authors are relenquishing their rights within contractual privity a concept which I know totally evades your understanding. Wikipedia to the rescue!

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

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

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,

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

Re: More FSF hypocrisy

2009-03-26 Thread MBUnit
Peter Köhlmann wrote: 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

Re: More FSF hypocrisy

2009-03-26 Thread MBUnit
Peter Köhlmann wrote: 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

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Keith Thompson wrote: Rjack u...@example.net writes: [...] Is the license: Open Source License *** You may copy, make derivative works, and distribute those works that are based on the covered source code provided that you first murder your

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Thufir Hawat wrote: 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

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Thufir Hawat wrote: 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

Re: More FSF hypocrisy

2009-03-26 Thread amicus_curious
Thufir Hawat hawat.thu...@gmail.com wrote in message news:02gyl.80776$zp.25...@newsfe21.iad... On Wed, 25 Mar 2009 19:41:15 -0400, amicus_curious wrote: Thufir Hawat hawat.thu...@gmail.com wrote in message news:bgwyl.50925$et1.40...@newsfe20.iad... On Wed, 25 Mar 2009 16:17:58 -0400,

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: So the CAFC found the Artistic License contains enforceable conditions. So what. 1) The CAFC case is meaningless to *any* other copyright infringement case *anywhere*: It is meaningful because it shows a straightforward line of thinking and approach to licenses of this sort that

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: The GPL contains unenforceable terms. No, the GPL terms are all enforceable. (Although the interpretation that termination requires non-automatic reinstatement is probably wrong.) ___ gnu-misc-discuss mailing list

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: The CAFC sets no precedent in copyright cases. It applies a very reasonable and straightforward line of thinking that other courts faced with similar issues will adopt. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: More FSF hypocrisy

2009-03-26 Thread amicus_curious
Thufir Hawat hawat.thu...@gmail.com wrote in message news:7_fyl.80775$zp.76...@newsfe21.iad... On Wed, 25 Mar 2009 21:55:46 +0100, Alexander Terekhov wrote: Thufir Hawat hawat.thu...@gmail.com schrieb im Newsbeitrag news:bgwyl.50925$et1.40...@newsfe20.iad... On Wed, 25 Mar 2009 16:17:58

Re: More FSF hypocrisy

2009-03-26 Thread amicus_curious
Thufir Hawat hawat.thu...@gmail.com wrote in message news:gxfyl.80774$zp.65...@newsfe21.iad... 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

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: So the CAFC found the Artistic License contains enforceable conditions. So what. 1) The CAFC case is meaningless to *any* other copyright infringement case *anywhere*: It is meaningful because it shows a straightforward line of thinking and approach to

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: The GPL contains unenforceable terms. No, the GPL terms are all enforceable. (Although the interpretation that termination requires non-automatic reinstatement is probably wrong.) The GPL contains unenforceable terms.

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: How many times do you have to be told that the Copyright Act does not grant an *EXCLUSIVE RIGHT* to control the distribution of a derivative work as a whole? The copyright acts grants the exclusive right to authorize the copying and distribution of a specific work. Inherent in

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: The CAFC sets no precedent in copyright cases. It applies a very reasonable and straightforward line of thinking that other courts faced with similar issues will adopt. Fact: The CAFC sets no precedent in copyright cases.

Re: More FSF hypocrisy

2009-03-26 Thread Alexander Terekhov
Keith Thompson wrote: [...] Consider a license that says: You may copy, make derivative works, and distribute those works that are based on the covered source code provided that you first compute to the last decimal place the value of pi. The condition is not illegal, merely

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: The GPL can't set scope-of-use restrictions on distribution of a derivative work as a whole because no such exclusive right exists. That's fine, because it does no such thing. The GPL sets requirements for obtaining authorization to copy and distribute the covered work. Such

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: How many times do you have to be told that the Copyright Act does not grant an *EXCLUSIVE RIGHT* to control the distribution of a derivative work as a whole? The copyright acts grants the exclusive right to authorize the copying and distribution of a

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Alexander Terekhov wrote: Keith Thompson wrote: [...] Consider a license that says: You may copy, make derivative works, and distribute those works that are based on the covered source code provided that you first compute to the last decimal place the value of pi. The condition is not

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: The GPL can't set scope-of-use restrictions on distribution of a derivative work as a whole because no such exclusive right exists. That's fine, because it does no such thing. CORRECT !! It only attempts to... The GPL sets requirements for obtaining

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: Utterly false. No, utterly true. The obligations of the GPL are between the copyright holder and the distributor. The distributees acquire rights when the distributor tells them that the distribution is covered by the GPL, because he has then promised them certain things. (There's

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: Truer words were never spoken. No, those words are false. The obligations of the GPL are between the copyright holder and the distributor. The distributees acquire rights when the distributor tells them that the distribution is covered by the GPL, because he has then promised them

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: To repeat: Your repeated assertion is utterly false. No, it's utterly true. The obligations of the GPL are between the copyright holder and the distributor. The distributees acquire rights when the distributor tells them that the distribution is covered by the GPL, because he has

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: Truer words were never spoken. No, those words are false. The obligations of the GPL are between the copyright holder and the distributor. The distributees acquire rights when the distributor tells them that the distribution is covered by the GPL, because he has then promised them

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: Violation of 17 USC 301. This makes even less sense than usual. 17 USC 301 is the federal preemption of copyright law. It cannot be violated. And it has no relevance to the GPL. The GPL also violates contractual privity requirements for enforceability. The GPL violates

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
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

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: The CAFC case is meaningless to *any* other copyright infringement case *anywhere*: The reasoning it applied was straightforward and correct and will be applied when similar cases arise elsewhere. ___ gnu-misc-discuss mailing list

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: The GPL contains unenforceable terms. The GPL is a copyright license which may be accepted voluntarily by someone who wishes to copy and distribute a covered work, and if so, its obligations are enforceable and if not obeyed the distributor has infringed the copyrights of the

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
amicus_curious wrote: 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. That's false. For example, until the law was changed, copyright law forbade the importation

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: Fact: The CAFC sets no precedent in copyright cases. The line of reasoning the CAFC used is straightforward and correct and courts facing the same situation will reason the same way. ___ gnu-misc-discuss mailing list

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: Attempting to bind all third parties under the GPL provisions is against public policy (unenforceable). Since the GPL only binds the single person who is accepting its authorization to copy and distribute the covered work, what you say about binding all third parties is

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: Performance of a condition precedent may be excused inter alia when the condition is waived, performance of the condition is unlawful or impossible, or the other party prevents or makes impossible the performance of the condition. The conditions of the GPL are legal, possible, and

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: CORRECT !! It only attempts to... No. It only controls the covered work, but part of that control is asserting authority of how it may be used in a combined work. That authority is granted by copyright law to the rights holder. ___

Re: More FSF hypocrisy

2009-03-26 Thread Alexander Terekhov
Hyman Rosen wrote: Rjack wrote: CORRECT !! It only attempts to... No. It only controls the covered work, but part of that control is asserting authority of how it may be used in a combined work. That authority is granted by copyright law to the rights holder. quote source=Open Source

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Alexander Terekhov wrote: quote source=Open Source Licensing: Virus or Virtue? Even if the open source license [GPL] is binding, the copyleft provision may still not be enforceable as to independent proprietary code, in light of the intellectual property misuse doctrine. This may in fact

Re: More FSF hypocrisy

2009-03-26 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: quote source=Open Source Licensing: Virus or Virtue? Even if the open source license [GPL] is binding, the copyleft provision may still not be enforceable as to independent proprietary code, in light of the intellectual property misuse

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Alexander Terekhov wrote: don't you understand, stupid Hyman? The copyright misuse defense is similar to an antitrust claim, where a copyright owner has misused the limited monopoly granted by the copyright. However, the Lasercomb decision made it clear that the copyright misuse defense is

Re: More FSF hypocrisy

2009-03-26 Thread amicus_curious
Hyman Rosen hyro...@mail.com wrote in message news:tslyl.148172$2h5.58...@newsfe11.iad... amicus_curious wrote: 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.

Re: More FSF hypocrisy

2009-03-26 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: don't you understand, stupid Hyman? The copyright misuse defense is similar to an antitrust claim, where a copyright owner has misused the limited monopoly granted by the copyright. However, the Lasercomb decision made it clear that the

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
amicus_curious wrote: Was anyone ever prosecuted over such a silly situation? I don't know if there were prosecutions, but the publishing industry very much wanted this law enforced - it was the equivalent of DVD region coding for books. Publishers wanted control over how books were published

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Violation of 17 USC 301. This makes even less sense than usual. 17 USC 301 is the federal preemption of copyright law. It cannot be violated. And it has no relevance to the GPL. The GPL also violates contractual privity requirements for enforceability.

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Alexander Terekhov wrote: Stop being utter idiot Hyman. From the Lasercomb decision, http://digital-law-online.info/lpdi1.0/cases/15PQ2D1846.htm The question is not whether the copyright is being used in a manner violative of antitrust law (such as whether the licensing agreement is

Re: More FSF hypocrisy

2009-03-26 Thread Hyman Rosen
Rjack wrote: The GPL also violates contractual privity requirements for enforceability. Does not. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
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

Re: More FSF hypocrisy

2009-03-26 Thread Rjack
Hyman Rosen wrote: Rjack wrote: The CAFC case is meaningless to *any* other copyright infringement case *anywhere*: The reasoning it applied was straightforward and correct and will be applied when similar cases arise elsewhere. Fact: The CAFC case is meaningless to *any* other copyright

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