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Re: Settlements


From: Alexander Terekhov
Subject: Re: Settlements
Date: Fri, 26 Feb 2010 18:54:07 +0100

Alexander Terekhov wrote:
> 
> 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.

http://www.therobingroom.com/Judge.aspx?ID=661

"Worst judge I have yet encountered. Decides the case beforehand and her
opinions are excerpts from her predetermined winner's briefs. Ignores
the facts and pleadings. When you lose, you want to at least feel the
judge listened and considered what you had to say -- not so with this
judge. She blows you off and makes it clear she's blowing you off. "

> 
> 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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