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Re: Drunkards at CAFC ruled


From: Hyman Rosen
Subject: Re: Drunkards at CAFC ruled
Date: Thu, 14 Aug 2008 17:21:05 -0400
User-agent: Thunderbird 2.0.0.16 (Windows/20080708)

Rjack wrote:
It is absolutely amazing that two sets of three independent appellate
judges in the same Federal Circuit managed to come to diametrically
opposed rulings on the subject of scope of use restrictions.

It's not amazing at all. The StorageTek case involved a
manufacturer trying to restrict a third party repair service
from getting their software to work on some hardware that
they sold. The JMRI case involves someone deliberately
distributing code in violation of a copyright license.

In fact, both of these cases honor the FSF notion of free
software - the StorageTek case honors the freedom to run and
modify software, and the JMRI case shows the effectiveness of
the GPL and other such licenses.


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