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Re: Shoplifting, concealment, liability presumption


From: Alexander Terekhov
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:08:01 -0000

Hyman Rosen wrote:
> 
> On 3/9/2010 3:43 PM, RJack wrote:
> > Hyman Rosen wrote:
> >> Copying GPL-covered works without honoring the conditions of the GPL
> >> is copyright infringement, not a civil breach of contract.
> >
> > Only in your imagination
> 
> No, as articulated by the court for the Artistic License:
> <http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
>      Having determined that the terms of the Artistic
>      License are enforceable copyright conditions,...

Judge HOCHBERG's moronic determination defies her own cited precedent.

The Supreme Court of California. 159 Cal. 716, 115 P. 743 (1911). "The
term 'provided' may or may not indicate a condition . . . it is often a
nice question to determine whether it is a condition or a covenant and
courts always construe similar clauses in a deed as covenants rather
than as conditions, if they can reasonably do so . . ."

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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