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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: Mon, 02 Mar 2009 17:42:18 +0100

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > 1. http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936
> 
> He doesn't like the CAFC decision either. Too bad for him.
> He doesn't like that violating the conditions of a license
> is copyright infringement. Too bad for him.
> 
>  > All open source licenses will need to be modified if the
>  > decision stands ....
> 
> Why? Because he doesn't like them? Too bad for him. The GPL
> works very well with this ruling, so it certainly doesn't
> need to be changed. 

The GPL's purported "automatic termination" clause makes it abundantly
clear that the GPL obligations just can't be conditions precedent.
Failure to perform real conditions precedent means that no rights were
granted and hence there is nothing to terminate.

Stop being utter idiot, Hyman.

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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