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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: David Kastrup
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:13:00 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

RJack <address@hidden> writes:

> You are begging the question. How do you propose that a trier of fact
> compared an *unspecified* work that you refuse to identify with an
> *alleged* infringing copy? What's for the jury members to compare?

Uh, by comparing code passages, like one always does in a case like
that?  Unless the project restarted from scratch between versions, or
was available under different licensing options (in which case claims of
a differently licensed obtained copy might need to be examined), enough
protectable material found in one version will reappear in the other
version under the same protection and licensing.  Copyright protection
does not go away by changing a few lines, regardless of _who_ changed
the lines.

-- 
David Kastrup


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