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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: David Kastrup
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Fri, 27 Feb 2009 22:59:33 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux)

Hyman Rosen <address@hidden> 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 SFLC's evasion of an
>> interpretation of the GPL on its merits in the upcoming expected
>> voluntary dismissal in the Cisco case.
>
> The explanation is that once the parties reach agreement on a
> settlement, the case is dismissed. Courts do not hold trials
> when the parties no longer have a dispute.

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 cut&dry sufficiently for that not to be a viable option.

So even if the SFLC carried on, they'd get an interpretation of the
validity of copyright law in general rather than of the GPL.  Nothing
interesting in that.

-- 
David Kastrup


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