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Re: 'Nuther voluntary dismissal contemplated


From: Alexander Terekhov
Subject: Re: 'Nuther voluntary dismissal contemplated
Date: Mon, 22 Dec 2008 22:39:46 +0100

Hyman Rosen wrote:
[...]
> That URL embeds the string "actiontec gateway" and it's my
> contention that the Verizon server may be fetching the download
> directly from Actiontec and sending it on; without discovery we
> can't know - I'm just going by the suggestiveness of the name.

Hyman Rosen wrote: (more up-thread)
[...]
> We may be in a situation where the only person who is guilty of 
> violating the GPL is the person who requests the download!

Hey Hyman, German GNUtian dak is well aware of very, very many
convictions and voluntary pleas admitting violation of copyright for
making available stuff for transmission from the IP (as in TCP/IP)
belonging to the defendant. Consider:

http://www.aufrecht.de/urteile/urheberrecht/haftung-der-eltern-fuer-filesharing-der-kinder-lg-hamburg-beschluss-vom-210406-az-308-o-13906.html

(Ask German GNUtian dak for the translation.)

I'll just mention in advance that under German jurisdiction the GPL is
100% a contract (not a statute) and that under German Civil Code statute
(BGB) kids just can't enter into contracts, meaning that nobody
(including parents) is liable for damages (or injunction) arising from
alleged violation of contracts between kids and whomever. The law's
message is "don't enter into contracts with kids" (parents must enter
into contract on behalf of kids). The situation regarding violation of
the statute is quite different...

As of lately, you appear to me as just yet another self-serving
ideologist of neo-socialist deceit a la Eben Moglen:

http://www.youtube.com/watch?v=cLQiTzs8PQ4

regards,
alexander.

-- 
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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