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Re: Time to put up or shut up!


From: Alexander Terekhov
Subject: Re: Time to put up or shut up!
Date: Tue, 04 May 2010 16:15:46 -0000

Hyman Rosen wrote:
> 
> On 4/14/2010 2:46 PM, RJack wrote:
> > contract obligations that are to be performed after partial
>  > performance by the other party are not treated as conditions
> 
> The obligation by the licensor is not to sue for infringement.

That's correct.

> The performance by the licensee is to copy and distribute in

The act of copying is a manifestation of contract acceptance you idiot.

As for "distribute", see 17 USC 109 and 

http://www.terekhov.de/Samsung-Answer.pdf

"As a separate and distinct Twelfth Affirmative Defense and each claim
for relief alleged therein, Defendant alleges that Plaintiffs’ claim for
copyright infringement is barred under at least the provisions of 17
U.S.C. § 109(a), as Defendant was licensed and any copies alleged to be
infringing were, therefore, lawfully made."

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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