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Re: Jacobsen v. Katzer settled


From: Alexander Terekhov
Subject: Re: Jacobsen v. Katzer settled
Date: Tue, 23 Feb 2010 08:15:24 +0100

Hyman Rosen wrote:
[...]
>      report of Michael A. Einhorn).)2 Because there are facts

Oh yeah, report from Michael A. Einhorn. <chuckles>

http://jmri.sourceforge.net/k/docket/369-6.pdf
(Case3:06-cv-01905-JSW Document369-6 Filed 11/13/09 Page 5 of 146)

"SUMMARY OF CONCLUSIONS

1. Open source software is a highly practical institution for creating
computer programs with written code that incorporates the coincident
insights of a worldwide base of voluntary contributors.

2. Open source software presents a wide range of economic benefits
related to efficiency and innovativeness.

3. It is used by many high-tech companies, including Sun, IBM, and Red
Hat, which monetize investments in open source with other creative
tactics in their business models.

4. Open source software has the apparent potential of resolving
difficult scientific and mathematical problems through trial-and-error,
feedback, and increasing complexity.

5. The defendant in this case has wrongfully benefited by taking and
reusing copyrighted code from an open source project without proper
license. As damage compensation, plaintiff may recover a sum equal to
the defendant’s value of use of the taking. The value of use would be
the hours that would have been spent but for the infringements at issue.

6. There are three ways to impute the number of hours in the defendant’s
taking – . survey estimate of total work hours by plaintiff’s
programmers, classification of files times work hours per file type, and
line count and translation into hours needed to produce it.

7. I have reviewed a survey of programmers that counted the amount of
time that each donated to the project. Estimated programmer hours total
to 1530 hours.

8. In as second compendium, program files were categorizing the files in
three groups. Multiplying by the expected number of hours needed to
program files in each, the estimated hourly total using the second
method is 1576 hours.

9. In a third diagnostic, I counted the number of lines in the
infringing files and estimated the subtotal that implicated some minutes
of new input. Multiplying the line total by an estimated programming
time of five minutes per line gives a total hours count of 1548.

10. Assuming an hourly rate for freelance programmers of $100 per hour,
I find that the three independent approaches present a converging
consensus to similar results that justify an award between $153,000 to
$157,600."

LOL!

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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