Re: SFLC's GPL court enforcement -- track record

2009-04-23 Thread Alexander Terekhov
Here's the SFLC's GPL litigation track record: 1. Dismissal Without Prejudice. 2. Dismissal Without Prejudice. 3. Dismissal Without Prejudice. 4. Dismissal With Prejudice. 5. Dismissal Without Prejudice. 6. Dismissal Without Prejudice. 7. Dismissal Without Prejudice. 8. Dismissal With

Re: SFLC's GPL court enforcement -- track record

2009-04-23 Thread chrisv
Alexander Terekhov wrote: Here's the SFLC's GPL litigation track record: 1. Dismissal Without Prejudice. 2. Dismissal Without Prejudice. 3. Dismissal Without Prejudice. 4. Dismissal With Prejudice. 5. Dismissal Without Prejudice. 6. Dismissal Without Prejudice. 7. Dismissal Without

Re: SFLC's GPL court enforcement -- track record

2009-01-31 Thread Alexander Terekhov
Jet another latter from Dan Ravicher asking for delay of the pretrial conference. (from PACER) - 01/30/2009 6 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Daniel B. Ravicher dated 1/30/09 re: Counsel requests an adjournment of the pretrial conference currently scheduled for

Re: SFLC's GPL court enforcement -- track record

2008-10-24 Thread Hyman Rosen
Alexander Terekhov wrote: http://web-sniffer.net/?url=http%3A%2F%2Fdownload.verizon.net%2Fwebdownload%2Ffirmware%2Fupgrades%2Factiontec%2520gateway%2F4.0.16.1.56.0.10.7-MI424WR.rmtsubmit=Submithttp=1.1gzip=yestype=GETuak=0 Verizon's web server may itself be connecting to Actiontec to send the

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Hyman Rosen
Alexander Terekhov wrote: How do you explain continued 'litigation' by the SFLC for many month after availability of the source code from Hammer Storage site, Hyman? The same way I always do. Legal processes are slow. They work through exchanges of papers filed with courts, with negotiations

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Hyman Rosen
Alexander Terekhov wrote: You seem to confuse real litigation with SFLC's way of litigation. I said that legal processes are slow. Your dislike of the SFLC does not change that, so there is nothing for me to reanswer. Real litigation, where the parties are unable to settle, would take even

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Alexander Terekhov
Hyman Rosen wrote: [...] The only important part of the track record is that after each case, the GPLed sources are available. You seem to not grasp the situation, Hyman: the SFLC has sued (filing utterly defective copyright complaints warranting automatic dismissal) a bunch of companies

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Hyman Rosen
Alexander Terekhov wrote: What say you now, Hyman? I say that companies which distribute software licensed under the GPL must comply with the terms of the GPL where copyright would not otherwise permit them to do this. The SFLC acts on behalf of clients who claim that their software is being

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Hyman Rosen
Alexander Terekhov wrote: Actiontec is a reseller, now see 17 USC 109. I'm not privy to the details of how the firmware gets on to the routers that Actiontec delivers, so I'm not in a position to say whether the First Sale doctrine applies. But they do distribute software from their web site,

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Alexander Terekhov
Hyman Rosen wrote: [...] applies. But they do distribute software from their web site, and that must be done in compliance with the GPL. http://www2.verizon.net/micro/actiontec/actiontec.asp http://www2.verizon.net regards, alexander. -- http://gng.z505.com/index.htm (GNG is a

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Hyman Rosen
Alexander Terekhov wrote: http://www2.verizon.net/micro/actiontec/actiontec.asp http://download.verizon.net/webdownload/firmware/upgrades/actiontec%20gateway/4.0.16.1.56.0.10.7-MI424WR.rmt actiontec gateway ___ gnu-misc-discuss mailing list

Re: SFLC's GPL court enforcement -- track record

2008-10-23 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: http://www2.verizon.net/micro/actiontec/actiontec.asp http://download.verizon.net/webdownload/firmware/upgrades/actiontec%20gateway/4.0.16.1.56.0.10.7-MI424WR.rmt

Re: SFLC's GPL court enforcement -- track record

2008-10-21 Thread Alexander Terekhov
Ha ha. Yet another GPL 'victory' in court: 10/17/2008 16 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice

Re: SFLC's GPL court enforcement -- track record

2008-09-27 Thread Alexander Terekhov
(Update.) Wah wah, yet another delay, letter from Dan Ravicher. Alexander Terekhov wrote: (Update.) Yet another delay... Alexander Terekhov wrote: Alexander Terekhov wrote: Mailed notice to Register of Copyrights to report the filing of this action. (rdz) (Entered:

Re: SFLC's GPL court enforcement -- track record

2008-09-19 Thread Alexander Terekhov
(Update.) Alexander Terekhov wrote: [...] 1. Voluntary Dismissal Without Prejudice. 2. Voluntary Dismissal Without Prejudice. 3. Voluntary Dismissal Without Prejudice. 4. Voluntary Dismissal With Prejudice. 5. Voluntary Dismissal Without Prejudice. 6. DEFAULT JUDGMENT (defendants must send

Re: SFLC's GPL court enforcement -- track record

2008-09-19 Thread Alexander Terekhov
(Update.) Yet another delay... Alexander Terekhov wrote: Alexander Terekhov wrote: Mailed notice to Register of Copyrights to report the filing of this action. (rdz) (Entered: 07/21/2008) WOW! Am I blind or is the court's clerk got concerned regarding (missing) Registration of

Re: SFLC's GPL court enforcement -- track record

2008-09-11 Thread Hyman Rosen
David Kastrup wrote: Depends on what a program is and how much it is structured to depend on that library... ...it will be rather hard to declare the whole as independent. I don't think you understand. It has nothing to do with a work being independent. For one thing, copyright law doesn't

Re: SFLC's GPL court enforcement -- track record

2008-09-11 Thread Rjack
Hyman Rosen wrote: David Kastrup wrote: Depends on what a program is and how much it is structured to depend on that library... ...it will be rather hard to declare the whole as independent. I don't think you understand. It has nothing to do with a work being independent. For one thing,

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread David Kastrup
Hyman Rosen [EMAIL PROTECTED] writes: Alexander Terekhov wrote: Who is we, Hyman? You're a speaker for ... I just thought I couldn't possibly be the only one. Let's see if anyone else chimes in. Oh, by the way, the J.K. Rowling decision should be interesting (and dismaying) reading for

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread Hyman Rosen
David Kastrup wrote: You got a bad case of slandries. From http://www.groklaw.net/article.php?story=20080909014304275, quoting from the decision: By condensing, synthesizing, and reorganizing the preexisting material in an A-to-Z reference guide, the Lexicon does not recast the

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread Tim Smith
In article [EMAIL PROTECTED], Hyman Rosen [EMAIL PROTECTED] wrote: David Kastrup wrote: You got a bad case of slandries. From http://www.groklaw.net/article.php?story=20080909014304275, quoting from the decision: By condensing, synthesizing, and reorganizing the preexisting

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread David Kastrup
Hyman Rosen [EMAIL PROTECTED] writes: David Kastrup wrote: You got a bad case of slandries. From http://www.groklaw.net/article.php?story=20080909014304275, quoting from the decision: By condensing, synthesizing, and reorganizing the preexisting material in an A-to-Z reference

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread Alexander Terekhov
Oh dear dak, [... copyright's strongholds are abolished ...] http://www.gnu.org/philosophy/copyright-versus-community.html - AM4: The problem with this change in the copyright laws for three would be that you wouldn't get the sources. RMS: Right. There would have also to be a condition, a

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: Oh dear dak, [... copyright's strongholds are abolished ...] http://www.gnu.org/philosophy/copyright-versus-community.html - AM4: The problem with this change in the copyright laws for three would be that you wouldn't get the sources.

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread Alexander Terekhov
David Kastrup wrote: [...] Do you think the FSF would refuse to get a better world if it can't get It can't get what, exactly? Spell it out in precise terms (what you called perfect world). And who is the FSF? I associate this charity with RMS. RMS' better world leads to extinction: Live

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread Moshe Goldfarb.
On Wed, 10 Sep 2008 17:02:15 -0500, Rjack wrote: Alexander Terekhov wrote: David Kastrup wrote: [...] Do you think the FSF would refuse to get a better world if it can't get It can't get what, exactly? Spell it out in precise terms (what you called perfect world). And who is the FSF? I

Re: SFLC's GPL court enforcement -- track record

2008-09-10 Thread Rjack
Alexander Terekhov wrote: David Kastrup wrote: [...] Do you think the FSF would refuse to get a better world if it can't get It can't get what, exactly? Spell it out in precise terms (what you called perfect world). And who is the FSF? I associate this charity with RMS. RMS' better world

Re: SFLC's GPL court enforcement -- track record

2008-09-09 Thread Alexander Terekhov
Hyman Rosen wrote: [...] The GPL enforcement is already in existence. I said *court* enforcement, Hyman. There was no court order to date (World Wide) enforcing the GPL, to my knowledge. Here's English language comprehension exercise for you that might help.

Re: SFLC's GPL court enforcement -- track record

2008-09-09 Thread Hyman Rosen
Alexander Terekhov wrote: I said *court* enforcement, Hyman. Courts enforce things when the parties cannot come to agreement on their own. So far that hasn't happened. Well, except in the JMRI case, where the appeals court said that the plaintiffs could go ahead with their claims of copyright

Re: SFLC's GPL court enforcement -- track record

2008-09-09 Thread Alexander Terekhov
Verizon, Hyman. http://www2.verizon.net/micro/actiontec/actiontec.asp Where is a mention of the GPL and/or source code? I'm tired of you playing this advocate game. Verizon was a defendant. (Dismissed by the SFLC *with prejudice* against their own client Plaintiffs.) When one of their

Re: SFLC's GPL court enforcement -- track record

2008-09-09 Thread Hyman Rosen
Alexander Terekhov wrote: Verizon, Hyman. The company which manufactures the routers for Verizon makes the GPLed sources available. They were not doing so for a substantial period of time after they began distributing the routers and before the SFLC filed its case. The URL for downloading

Re: SFLC's GPL court enforcement -- track record

2008-09-09 Thread Alexander Terekhov
Hyman Rosen wrote: [... it's quite possible ...] :-) Nothing is Impossible. You can't begin to imagine how tired we are of you. Who is we, Hyman? You're a speaker for ... regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since

Re: SFLC's GPL court enforcement -- track record

2008-09-09 Thread Rahul Dhesi
Hyman Rosen [EMAIL PROTECTED] writes: In any event, the BusyBox developers seem to have decided that having the manufacturer provide the GPLed sources is sufficiently in compliance with the GPL that they chose not to pursue Verizon. As the copyright holders, that is their privilege. We should be

Re: SFLC's GPL court enforcement -- track record

2008-09-07 Thread Hyman Rosen
Alexander Terekhov wrote: Boring. Extend time, extend time... time and time again. Case and case again. (With all cases thus far being closed following voluntarily dismissal notice filed by the SFLC.) When will the SFLC's GPL court enforcement come in existence? After each case has ended, the

Re: SFLC's GPL court enforcement -- track record

2008-09-06 Thread Alexander Terekhov
Alexander Terekhov wrote: Mailed notice to Register of Copyrights to report the filing of this action. (rdz) (Entered: 07/21/2008) WOW! Am I blind or is the court's clerk got concerned regarding (missing) Registration of busybox copyright(s)? U.S. District Court United States

Re: SFLC's GPL court enforcement -- track record

2008-07-28 Thread Alexander Terekhov
Alexander Terekhov wrote: ROFL! Yet another delay (07/16/2008 3 ENDORSED LETTER addressed to Judge Richard M. Berman from Daniel B. Ravicher dated 7/14/08) AND blog announcement of yet another settlement. (from PACER... final order is not yet available on PACER as of 07/24/2008

Re: SFLC's GPL court enforcement -- track record

2008-07-28 Thread Alexander Terekhov
Mailed notice to Register of Copyrights to report the filing of this action. (rdz) (Entered: 07/21/2008) WOW! Am I blind or is the court's clerk got concerned regarding (missing) Registration of busybox copyright(s)? U.S. District Court United States District Court for the Southern District of

Re: SFLC's GPL court enforcement -- track record

2008-07-28 Thread Hyman Rosen
Alexander Terekhov wrote: The track record is sorta getting better! LOL. The track record is that after each case ends, the GPLed source code is available. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC's GPL court enforcement -- track record

2008-07-27 Thread Miles Bader
David Kastrup [EMAIL PROTECTED] writes: That one's easy. Suppose that his wife is a three-headed fire-breathing dragon. You are toast. Mmmm, toast -Miles -- Dictionary, n. A malevolent literary device for cramping the growth of a language and making it hard and inelastic. This

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread thufir
On Thu, 24 Jul 2008 00:49:13 +, Rahul Dhesi wrote: thufir [EMAIL PROTECTED] writes: To my understanding, the buyer does have the right, under the GPL, to the source. After, the GPL is targeted, you could say, at buyers to protect copyright owners. If no buyer has rights to the source,

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Tim Smith wrote: [...] (I'm assuming statutory damages would be available, because I'm assuming the copyrights have been registered. I can't find that registration, but I don't claim to be a good copyright registration searcher. I assume they have been registered, because if not, every

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread rjack
Tim Smith wrote: In article [EMAIL PROTECTED], [EMAIL PROTECTED] (Rahul Dhesi) wrote: The SFLC says it differently. Their GPL enforcement always seeks some sort of penalty for the offender that goes far beyond simply making GPL sources available. Otherwise future defendants would have no

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: SFLC to the World: files notice of voluntary dismissal Victory! Before case begins: Defendants in violation of GPL. After case ends: Defendants make GLPed sources available. Victory indeed. ___ gnu-misc-discuss mailing list

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Linonut
* The Ghost In The Machine peremptorily fired off this memo: In comp.os.linux.advocacy, Alexander Terekhov How did you get that link, Hyman? I wen to http://www.supermicro.com, used the menu to click on Support/Downloads and noticed the link Supermicro FTP Site under Additional

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Linonut
* Hyman Rosen peremptorily fired off this memo: Alexander Terekhov wrote: Now please go out of home and ask 100 guys on the street what does FTP Site (short of GPL) mean. 100 guys on the street, or a hundred guys on the street who have an interest in the source code? Of the latter, all of

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: SFLC to the World: files notice of voluntary dismissal Victory! Before case begins: Defendants in violation of GPL. After case ends: Defendants make GLPed sources available. http://www2.verizon.net/micro/actiontec/actiontec.asp regards,

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Hyman Rosen wrote: rjack wrote: The SFLC will NEVER, NEVER, NEVER allow a district court to review the terms of their preempted, unenforceable GPL license on the merits. The fat revenue stream from charitable funds flowing into SFLC's attorneys' pockets would suddenly cease if their

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: Hyman Rosen wrote: Alexander Terekhov wrote: SFLC to the World: files notice of voluntary dismissal Victory! Before case begins: Defendants in violation of GPL. After case ends: Defendants make GLPed sources available.

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: http://www2.verizon.net/micro/actiontec/actiontec.asp http://opensource.actiontec.com/ ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Hyman Rosen wrote: Alexander Terekhov wrote: SFLC to the World: files notice of voluntary dismissal Victory! Before case begins: Defendants in violation of GPL. ^^ After case ends:

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: http://www2.verizon.net/micro/actiontec/actiontec.asp http://opensource.actiontec.com/ Actiontec wasn't a defendant. Verizon was a defendant. After the case ends: Defendant is still in violation of the GPL. After the case ends: Defendant

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: Actiontec wasn't a defendant. Verizon was a defendant. Verizon is the visible face for FIOS, so the suit was launched against them. I assume that in the process of discovering where things came from, the plaintiffs decided that since Verizon is redistributing

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: Actiontec wasn't a defendant. Verizon was a defendant. Verizon is the visible face for FIOS, so the suit was launched against them. I assume that in the process of discovering where things came from, the plaintiffs decided that since Verizon is redistributing

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alfred M. Szmidt
The SFLC will NEVER, NEVER, NEVER allow a district court to review the terms of their preempted, unenforceable GPL license on the merits. The fat revenue stream from charitable funds flowing into SFLC's attorneys' pockets would suddenly cease if their one of their crackpot

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Tim Smith
In article [EMAIL PROTECTED], Alexander Terekhov [EMAIL PROTECTED] wrote: Hyman Rosen wrote: Alexander Terekhov wrote: http://www2.verizon.net/micro/actiontec/actiontec.asp http://opensource.actiontec.com/ Actiontec wasn't a defendant. Verizon was a defendant. After the case

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread rjack
Alfred M. Szmidt wrote: The SFLC will NEVER, NEVER, NEVER allow a district court to review the terms of their preempted, unenforceable GPL license on the merits. The fat revenue stream from charitable funds flowing into SFLC's attorneys' pockets would suddenly cease if their one of

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Rahul Dhesi
Tim Smith [EMAIL PROTECTED] writes: I don't see how you can tell if they are satisfying 3(b) or not without actually obtaining one of the routers from Verizon and seeing if it is accompanied with a written offer to provide the source. If it is, there is nothing that says that if they choose

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Tim Smith wrote: [...] I don't see how you can tell if they are satisfying 3(b) or not without actually obtaining one of the routers from Verizon and seeing if it is accompanied with a written offer to provide the source. If it is, there is nothing that says that if they choose to distribute

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: How could one possibly make an online distribution server being responsible for files delivery fall outside the scope of exclusive rights Downloading from anywhere can cause pieces of a file to get copied from one computer to another before they reach you. Why

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: Here's breaking news: invalid means that your invalid *demands* (not permissions) are void, and the rest is just fine. In your dreams. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
rjack wrote: [ promissory estoppel detrimental reliance ]? That's why it's good to have a nice clear license like the GPL. No on reading the GPL can have any doubt about what the license intends. Certainly cranks, crackpots, and code grabbers might not want to abide by the license or believe

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: I've obtained a copy of 4.0.16.1.56.0.10.7-MI424WR.rmt from http://www2.verizon.net/micro/actiontec/actiontec.asp and can confirm that this transaction yielded no written offer to provide the source whatsoever. Go try it yourself. Have you installed the firmware on

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Here's breaking news: invalid means that your invalid *demands* (not permissions) are void, and the rest is just fine. In your dreams. Care to elaborate, Hyman? Suppose... Example: (A contract) I (Hyman Rosen) hereby rent my apartment to

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: I've obtained a copy of 4.0.16.1.56.0.10.7-MI424WR.rmt from http://www2.verizon.net/micro/actiontec/actiontec.asp and can confirm that this transaction yielded no written offer to provide the source whatsoever. Go try it yourself. Have

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Tim Smith
In article [EMAIL PROTECTED], Hyman Rosen [EMAIL PROTECTED] wrote: Alexander Terekhov wrote: How could one possibly make an online distribution server being responsible for files delivery fall outside the scope of exclusive rights Downloading from anywhere can cause pieces of a file

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: What's next, Hyman? I kick you out of the apartment, you go running to a judge whining about promissory estoppel, and he laughs at you. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: What's next, Hyman? I kick you out of the apartment, you go running to a judge whining about promissory estoppel, and he laughs at you. Suppose that my wife is a police officer. Forget kicking me out of your apartment. You might not survive

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Tim Smith wrote: Who made that copy and/or distributed that copy? X or Y? This is at the heart of the making available suits. See http://www.eff.org/deeplinks/2008/04/making-available-distribution-says-court-london-sire-v-doe. Either answer has some problematic implications. That's what

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: Have you? Did you find the offer? I don't have FIOS - I live in an apartment building in NYC and Verizon isn't offering it to me yet. One day - I use Verizon for DSL. ___ gnu-misc-discuss mailing list

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Hyman Rosen
Alexander Terekhov wrote: What's next, Hyman? We get filmed for an episode of COPS. Or maybe Reno 911. ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: Hyman Rosen wrote: Alexander Terekhov wrote: What's next, Hyman? I kick you out of the apartment, you go running to a judge whining about promissory estoppel, and he laughs at you. Suppose that my wife is a police officer. Forget kicking me

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Alexander Terekhov
David Kastrup wrote: [...] I mean, while we are in the who can come up with the silliest irrelevant hypothetical contest, this entry seems as good as any. No. We are in enforcing invalid license contracts episode. You seem to suggest that it would require a three-headed fire-breathing dragon.

Re: SFLC's GPL court enforcement -- track record

2008-07-25 Thread Tim Smith
In article [EMAIL PROTECTED], Hyman Rosen [EMAIL PROTECTED] wrote: Alexander Terekhov wrote: I've obtained a copy of 4.0.16.1.56.0.10.7-MI424WR.rmt from http://www2.verizon.net/micro/actiontec/actiontec.asp and can confirm that this transaction yielded no written offer to provide the

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
thufir wrote: The buyer is the guy who walks in off the street and purchases the router (which run GPL'ed software)? To my understanding, the buyer does have the right, under the GPL, to the source. After, the GPL is targeted, you could say, at buyers to protect copyright owners. That

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Mark Kent
thufir [EMAIL PROTECTED] espoused: On Tue, 22 Jul 2008 17:01:14 -0500, JEDIDIAH wrote: No. Whomever distributes the software is on the hook for providing the source. You can force people to walk the chain all the way back to the manufacturer, but they are still ultimately on the hook

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Rahul Dhesi
Hyman Rosen [EMAIL PROTECTED] writes: A settlement is a private agreement between parties, and it can be as formal or informal as they want. In any case, there is no reason that the fine details need to be made public, and the general tendency of lawyers is to keep things quiet, because what you

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
Rahul Dhesi wrote: Your essential argument is that although they are hiding the actual settlement, they are not hiding anything within it. No. They are hiding the exact monetary amounts involved, for example, and there may be other things as well. We know only what both sides have agreed

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Alexander Terekhov
ROFL! Yet another delay (07/16/2008 3 ENDORSED LETTER addressed to Judge Richard M. Berman from Daniel B. Ravicher dated 7/14/08) AND blog announcement of yet another settlement. (from PACER... final order is not yet available on PACER as of 07/24/2008 13:55:26 ET) -- U.S. District Court

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Rahul Dhesi
Hyman Rosen [EMAIL PROTECTED] writes: Rahul Dhesi wrote: Your essential argument is that although they are hiding the actual settlement, they are not hiding anything within it. No. They are hiding the exact monetary amounts involved, for example, and there may be other things as well. We know

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Alexander Terekhov
Rahul Dhesi wrote: Hyman Rosen [EMAIL PROTECTED] writes: Rahul Dhesi wrote: Your essential argument is that although they are hiding the actual settlement, they are not hiding anything within it. No. They are hiding the exact monetary amounts involved, for example, and there may be

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
Alexander Terekhov wrote: Yet another delay (07/16/2008 3 ENDORSED LETTER addressed to Judge Richard M. Berman from Daniel B. Ravicher dated 7/14/08) AND blog announcement of yet another settlement. Exactly as I said would happen. There's no need for scare quotes around the word. The

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
Rahul Dhesi wrote: So we agree... I really have no idea what you're getting at. The SFLC sues for GPL violations, they settle, the defendants agree to comply with the GPL and try to make good their previous violations, and some money changes hands. Your interest in knowing every last detail

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
Alexander Terekhov wrote: You seem to overlook the case of monetary amount being negative to Busybox. That could be true. Perhaps Busybox and the SFLC are so eager to enforce GPL compliance that they don't mind paying a little bit of money to help it along. But I doubt it.

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Alexander Terekhov
Hyman Rosen wrote: [...] (3) suit ends, (4) GPLed sources made available. That's what I've just visited http://www.supermicro.com/ and entered GPL in Home Contact Us Advanced Search field. Clicking on Search button yielded - Supermicro Search Results Home Contact Us Advanced Search

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
Alexander Terekhov wrote: Do you have a link, Hyman? ftp://ftp.supermicro.com/GPL/ TFTP Listing of /GPL/ at ftp.supermicro.com Parent Directory Jul 08 2008 12:02 74165878 ipmi_ppc_opensrc.tgz Jul 17 2008 11:1710212 lib_smc_usb_lcd_linux.tgz Brand spanking new

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread David Kastrup
thufir [EMAIL PROTECTED] writes: On Wed, 23 Jul 2008 20:45:15 +0200, David Kastrup wrote: I don't see why their participation is required, it's between the buyer and the manufacturer. No. The buyer has no rights derived from copyright law since he is not the copyright owner. The buyer

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Rahul Dhesi
Hyman Rosen [EMAIL PROTECTED] writes: But as usual, we have (1) GPL violation, (2) SFLC files suit, (3) suit ends, (4) GPLed sources made available. That's what GPL enforcement is all about. The SFLC says it differently. Their GPL enforcement always seeks some sort of penalty for the offender

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Rahul Dhesi
David Kastrup [EMAIL PROTECTED] writes: No. The copyright owner has the right to demand that the buyer gets the source. The buyer does not have this right. If I pay at a merry-go-round for a ride of my child, the child does not get the right to demand a ride. _I_ get the right to demand that

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: Do you have a link, Hyman? ftp://ftp.supermicro.com/GPL/ TFTP Listing of /GPL/ at ftp.supermicro.com Parent Directory Jul 08 2008 12:02 74165878 ipmi_ppc_opensrc.tgz Jul 17 2008 11:1710212

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
Alexander Terekhov wrote: How did you get that link, Hyman? I wen to http://www.supermicro.com, used the menu to click on Support/Downloads and noticed the link Supermicro FTP Site under Additional Resources. ___ gnu-misc-discuss mailing list

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Alexander Terekhov
Hyman Rosen wrote: Alexander Terekhov wrote: How did you get that link, Hyman? I wen to http://www.supermicro.com, used the menu to click on Support/Downloads and noticed the link Supermicro FTP Site under Additional Resources. Now please go out of home and ask 100 guys on the street

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread The Ghost In The Machine
In comp.os.linux.advocacy, Alexander Terekhov [EMAIL PROTECTED] wrote on Fri, 25 Jul 2008 01:38:38 +0200 [EMAIL PROTECTED]: Hyman Rosen wrote: Alexander Terekhov wrote: How did you get that link, Hyman? I wen to http://www.supermicro.com, used the menu to click on Support/Downloads and

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Hyman Rosen
Alexander Terekhov wrote: Now please go out of home and ask 100 guys on the street what does FTP Site (short of GPL) mean. 100 guys on the street, or a hundred guys on the street who have an interest in the source code? Of the latter, all of them know what an FTP site is. In any case, I

Re: SFLC's GPL court enforcement -- track record

2008-07-24 Thread Tim Smith
In article [EMAIL PROTECTED], [EMAIL PROTECTED] (Rahul Dhesi) wrote: The SFLC says it differently. Their GPL enforcement always seeks some sort of penalty for the offender that goes far beyond simply making GPL sources available. Otherwise future defendants would have no incentive to not

Re: SFLC's GPL court enforcement -- track record

2008-07-23 Thread David Kastrup
JEDIDIAH [EMAIL PROTECTED] writes: On 2008-07-22, Rahul Dhesi [EMAIL PROTECTED] wrote: thufir [EMAIL PROTECTED] writes: I guess that the plaintiffs decided that having the manufacturer of the routers comply with the GPL was good enough for them, because it would be difficult to explain in

Re: SFLC's GPL court enforcement -- track record

2008-07-23 Thread David Kastrup
Hyman Rosen [EMAIL PROTECTED] writes: rjack wrote: The trouble is you can't write a copyright license that controls all third parties as long as they follow the GPL. Congress specifically forbid this situation with 17 USC sec. 301. That's the federal preemption clause. What does that have

Re: SFLC's GPL court enforcement -- track record

2008-07-23 Thread David Kastrup
Hyman Rosen [EMAIL PROTECTED] writes: Rahul Dhesi wrote: I think you folks are assuming that the GPL somehow gives you, the buyer of the router, the right to get source code from somewhere. It does, unless the chain of GPL licensing is somehow broken, perhaps through the use of the First

Re: SFLC's GPL court enforcement -- track record

2008-07-23 Thread thufir
On Tue, 22 Jul 2008 17:01:14 -0500, JEDIDIAH wrote: No. Whomever distributes the software is on the hook for providing the source. You can force people to walk the chain all the way back to the manufacturer, but they are still ultimately on the hook for using someone elses work without

Re: SFLC's GPL court enforcement -- track record

2008-07-23 Thread Tim Smith
In article [EMAIL PROTECTED], David Kastrup [EMAIL PROTECTED] wrote: Uh no. Third parties are not involved. Only recipients. In GPLv2, there was a clause that you could replace source code with a written offer to source code, and this offer had to be valid for any third party (namely, any

Re: SFLC's GPL court enforcement -- track record

2008-07-23 Thread Alexander Terekhov
Alexander Terekhov wrote: Hyman Rosen wrote: Alexander Terekhov wrote: Extreme Networks' offer regarding GPL'd stuff: http://www.extremenetworks.com/services/osl-exos.aspx So when did this page appear? And do they actually honor So once again you want me to prove something?

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