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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: David Kastrup
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Tue, 24 Feb 2009 16:59:56 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux)

Rjack <> writes:

> Peter Köhlmann wrote:
>> That is something else entirely. You neglected that little tidbit
>> that they distributed GPLed binaries. By not distributing the
>> source, they were breaching the sole licence which allowed them
>> to distribute the binaries in the first place
>> And *that* is every little bit grounds to sue them
> And *that* is 100% bullshit. You can't just make up your own
> copyright contract containing legal gibberish and then claim
> it gives you legal grounds to sue someone.

You are confused.  Nobody needs to make up copyright: it is implied in
all countries undersigning the Berne condition once I create a work.

And I most certainly am free to state any license terms I desire as a
precondition of relinquishing parts of my rights.  As long as the terms
are sufficiently clear that there are no reasonably diverging views
about when they are breached, there is no excuse from obeying them.  Or
asking me in person to reliquish rights of mine under different

David Kastrup

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