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Re: Settlements


From: Alexander Terekhov
Subject: Re: Settlements
Date: Fri, 26 Feb 2010 18:41:00 +0100

Hyman Rosen wrote:
> 
> On 2/26/2010 12:08 PM, Alexander Terekhov wrote:
> > Stop confusing conditions v. scope limitations v. covenants, silly
> > Hyman. There is a reason why these concepts are different.
> > Bluntly calling license's obligations and limitations "conditions"
> > doesn't change anything (except making things worse for the
> > licensor/drafter).
> 
> <http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
>      Jacobsen argues that the terms of the Artistic License define
>      the scope of the license and that any use outside of these
>      restrictions is copyright infringement. Katzer/Kamind argues
>      that these terms do not limit the scope of the license and are
>      merely covenants providing contractual terms for the use of the
>      ...
>      The clear language of the Artistic License creates conditions to
>      protect the economic rights at issue in the granting of a public
>      license. These conditions govern the rights to modify and
>      distribute the computer programs and files included in the
>      downloadable software package.
>      ...
>      For the aforementioned reasons, we vacate and remand.

Yes, HOCHBERG, District Judge, United States District Court for the
District of New Jersey, sitting by designation, wrote the baloney above.

Q: If you call a tail a leg, how many legs has a dog? Five? 

Judge HOCHBERG: Of course five.

Abraham Lincoln: No, calling a tail a leg doesn't make it a leg! 

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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