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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: amicus_curious
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Thu, 19 Feb 2009 13:05:35 -0500


"Hyman Rosen" <address@hidden> wrote in message news:address@hidden
Alexander Terekhov wrote:
"Hyman Rosen gateway"

Without knowing the details of what Verizon is doing,
it's not possible to say from the outside whether Verizon
is violating the GPL. The ones best placed to do that are
the copyright holders, and they appear to have decided that
having Actiontec distribute the GPLed sources was sufficient.

You would like to believe that Verizon is deliberately
violating the GPL and the SFLC is too timid to pursue them,
but there is no evidence for your claim.

Verizon openly distributes the Ationtec product. That makes them a distributor and does not make Actiontec a Verizon agent. Even though Verizon is openly distributing a product that contains GPL licensed software, they do not provide the source. One has to go to some upstream locatoion in order to obtain source. The SDLC sued Verizon originally to make this happen, but then offered a dismissal (with predjudice) to vacate the suit. That is fleeing the field, no matter what motivation you want to impute to the SDLC. Verizon obtains authorized copies of GPL licensed material from Actiontec and is free to distribute them any way it sees fit, the GPL terms nothwithstanding. Moglen presumably understands that to be the case and surrendered before the judge could rule on the motion.


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