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Re: SFLC stipulated dismissal of Comtrend without any settlement
From: |
Alexander Terekhov |
Subject: |
Re: SFLC stipulated dismissal of Comtrend without any settlement |
Date: |
Tue, 04 May 2010 16:14:21 -0000 |
David Kastrup wrote:
>
> Alexander Terekhov <terekhov@web.de> writes:
>
> > David Kastrup wrote:
> > [...]
> >> The GPL legally establishes a heterogenuos pool of software.
> >
> > Hey dak, how come that the FSF claimed in court that the GPL is NOT A
> > POOLING LICENSE (and is merely "a vertical agreement between the
> > licensee and the licensor of the underlying software" instead)?
>
> Because that's the legally active part of the license. That it has
> social consequences as well is not legally relevant.
Hey dak,
"The GPL 'LEGALLY' establishes a pool of software"
is utterly incorrect statement.
Correct statement is
The GPL *ILLEGALLY* purports to establishes a pool of software
because the GPL purports to control the licensee's copyrights with
respect to "all third parties" (i.e. the world) in violation of
copyright law (preemption clause) and public policy (misuse, antitrust,
and all that).
To wit: (from the Busybox lawsuit):
Versa:
"On information and belief, Defendant alleges that Plaintiffs claims
are barred, limited and/or excluded on the grounds that the alleged
license at issue in this case and/or certain provisions contained
therein are illegal, unconscionable and barred by public policy as
well as by statutory and case law."
Bosch:
"The GNU General Public License, Version 2, as alleged by Plaintiffs,
is not enforcable."
Humax:
"Plaintiffs are not entitled to the relief sought because their
actions constitute a misuse of the copyright."
Samsung:
"As a further, separate and distinct Ninth Affirmative Defense to the
Complaint and each claim for relief alleged therein, Defendant alleges
that Plaintiffs claims are barred by the doctrine of copyright misuse.
Defendants are informed and believe, and on that basis allege, that
Plaintiffs claims are barred because Plaintiffs have used the alleged
copyrights at issue in this case to engage in anticompetitive behavior
under United States law."
regards,
alexander.
P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."
Hyman Rosen <hyrosen@mail.com> 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 <hyrosen@mail.com> 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.)
- Re: SFLC stipulated dismissal of Comtrend without any settlement, (continued)
- Re: SFLC stipulated dismissal of Comtrend without any settlement, RJack, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, David Kastrup, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Alexander Terekhov, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Hyman Rosen, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, RJack, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Hyman Rosen, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, David Kastrup, 2010/05/04
- Message not available
- Re: SFLC stipulated dismissal of Comtrend without any settlement,
Alexander Terekhov <=
- Re: SFLC stipulated dismissal of Comtrend without any settlement, David Kastrup, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Alexander Terekhov, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, David Kastrup, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Alexander Terekhov, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Hadron, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Alexander Terekhov, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, David Kastrup, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Alexander Terekhov, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, Hyman Rosen, 2010/05/04
- Re: SFLC stipulated dismissal of Comtrend without any settlement, RJack, 2010/05/04