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Re: The great BusyBox fraud continues


From: David Kastrup
Subject: Re: The great BusyBox fraud continues
Date: Wed, 08 Dec 2010 15:56:39 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux)

RJack <address@hidden> writes:

> Hyman Rosen wrote:
>> On 6/24/2010 1:32 PM, Alexander Terekhov wrote:
>>> In other news, Humax USA Inc. was dismissed without any settlement
>>> at all.
>>
>> Humax makes the GPLed source code properly available here:
>> <http://www.humaxdigital.com/global/products/opensource.aspx>
>
> The only GPL'd code at issue is "BusyBox, v.0.60.3" registered
> (fraudulently) by Erik Andersen.

Are you claiming that he is not the author of any BusyBox code?

> *No* hypothetical Busybox suit "settlement" ever filed has produced a
> link to the purportedly infringed code.

The "purportedly infringed code" is any copyrightable material from Erik
Anderson that can be found in both the registered version of Busybox as
well as the infringing code.

> The most evidence produced by the SFLC of infringement in *any* suit
> is the presence of a text string "v.60.2" in an alleged binary ramdisk
> (see SFLC Rule 56.1 statement of uncontested facts).
>
> Well folks that's six identified bytes from a source tree of two
> million seven hundred thousand bytes. That's about 0.00022 percent
> infringement.

A smoking gun is a smoking gun.  It is not against the law to carry
smoking guns on the premises of a murder.  It is nevertheless something
that you should have an outstandingly good explanation for when talking
to a jury.

> Good luck convincing a jury of "substantial similarity" Hyman.

Good luck convincing a jury that all you left in was the
(non-copyrightable) version string.

"Oh, I carry smoking guns around all the time.  Bad habit of me,
really."

-- 
David Kastrup


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