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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Alexander Terekhov
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Fri, 13 Feb 2009 17:37:23 +0100

Alan Mackenzie wrote:
> >> I was assuming you'd have already checked it, and would want to save
> >> others on the newsgroup, including me, from needless work.  Have you
> >> checked it, Alex?  Does the download offered on that page violate the
> >> GPL?
> > Sure it does violate the GPL, Alan. Go to Verizon's download page and
> > try to find accompanied text of the GPL and/or sources (or "a written
> > offer, valid for at least three years, to give any third party, for a
> > charge no more than your cost of physically performing source
> > distribution, a complete machine-readable copy of the corresponding
> > source code, to be distributed under the terms of Sections 1 and 2 above
> > on a medium customarily used for software interchange").
> Is it actually GPL software that's being offered from that page?  

What is your guess, Alan?

> If so, is the source code for it available?

It is certainly available somewhere (e.g. the busybox project's site
itself), but *Verizon* doesn't make it available as promulgated by the
GPLv2 Section 3.


> >> >
> >> The notice is actually of voluntary dismissal, and there is no sign of
> >> anything "against" the plaintiffs.
> > Man oh man. It is by definition of "dismissal with prejudice" that it is
> > against the plaintiffs, idiot. Dismissal with prejudice is detrimental
> > to plaintiffs, not defendants.
> No, the "predjudice" bit just means the case can't be restarted.

And that means what to you, Alan? Hint:

Verizon: Hey busybox guys, we continue doing all the bad things you have
alleged in your claims against us. Thank you for your voluntary
dismissal with prejudice.

Busybox guys: Oops.



(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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