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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Hyman Rosen
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Thu, 26 Feb 2009 13:03:34 -0500
User-agent: Thunderbird (Windows/20081209)

Alexander Terekhov wrote:
See also:

Yes, please do:
    (l)  Other Defenses Not Affected.— The failure of a
    service provider’s conduct to qualify for limitation
    of liability under this section shall not bear
    adversely upon the consideration of a defense by the
    service provider that the service provider’s conduct
    is not infringing under this title or any other defense.

As I said, the question is whether the "actiontec gateway" URL
on the Verizon page causes an obligation to Verizon under the
GPL when a user downloads software through it.

Because you dislike the GPL, you would like the answer to that
question to be "yes", although in a convoluted form - you would
like to believe that no such obligation truly exists, but you
want GPL advocates to believe that it does - so that Verizon can
be said to be violating the GPL with impunity while the SFLC is
too timid to pursue them. But there is no evidence for this.

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