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Re: Recommendation for a CL data structures library


From: Alexander Terekhov
Subject: Re: Recommendation for a CL data structures library
Date: Tue, 04 May 2010 16:11:44 -0000

Hyman Rosen wrote:
> 
> On 3/29/2010 12:43 PM, Alexander Terekhov wrote:
> > "The copyright misuse defense is similar to an antitrust claim, where a
> > copyright owner has misused the limited monopoly granted by the
> > copyright. However, the Lasercomb decision made it clear that the
> > copyright misuse defense is available even when the misuse does not
> > reach the level of an antitrust violation. "
> 
> Well, here is the Lasercomb decision:
> <http://digital-law-online.info/cases/15PQ2D1846.htm>

"So while it is true that the attempted use of a copyright to violate
antitrust law probably would give rise to a misuse of copyright defense,
the converse is not necessarily true – a misuse need not be a violation
of antitrust law in order to comprise an equitable defense to an
infringement action. The question is not whether the copyright is being
used in a manner violative of antitrust law (such as whether the
licensing agreement is “reasonable”), but whether the copyright is being
used in a manner violative of the public policy embodied in the grant of
a copyright.  "

regards,
alexander.

P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

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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