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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 <address@hidden> 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 <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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