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Re: Shoplifting, concealment, liability presumption


From: Alexander Terekhov
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:08:23 -0000

Hyman Rosen wrote:
> 
> On 3/10/2010 11:46 AM, Alexander Terekhov wrote:
> > Hyman Rosen wrote:
> >> On 3/10/2010 11:01 AM, Alexander Terekhov wrote:
> >>> On which page of http://jmri.org/k/docket/395.pdf did
> >>   >  you manage to find a word "condition"?
> >>       2. Copyright Infringement Claim.
> >>       ...the Court GRANTS PlaintiffÂ’s motion for summary
> >>       judgment on his copyright cause of action...
> > And where is a word "condition" here
> 
> Implicit 

Implicit there is Judge White's despisement of CAFC's failure to
recognize that "conditions" in the Artistic License are not conditions
precedent and are 100% pure covenants instead. He was bound by CAFC's
mandate to treat alleged contract breach as copyright infringement, but
he clearly despised that mandate by manifestly failing to even mention
CAFC's moronic reasoning regarding 'conditions'.

The funny thing is that

http://www.opensource.org/licenses/artistic-license-1.0.php

says

"(NOTE: This license has been superseded by the Artistic License,
Version 2.0.)"

and 

http://www.opensource.org/licenses/artistic-license-2.0.php

doesn't even use the magic word "condition"!

So much about CAFC's

http://www.cafc.uscourts.gov/opinions/08-1001.pdf

"The Artistic License states on its face that the document creates
conditions: "The intent of this document is to state the _conditions_
under which a Package may be copied." (Emphasis added.)"

moronic reasoning.

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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