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Re: Zonker on Open Source licenses ..

From: Rjack
Subject: Re: Zonker on Open Source licenses ..
Date: Tue, 03 Mar 2009 14:07:38 -0500
User-agent: Thunderbird (Windows/20081209)

Hyman Rosen wrote:

You would like to hold Verizon to a stricter set of requirements
 than the rights holders do, but only so you can claim that they
are deliberately violating them, but that won't work. All the GPLed sources are made properly available by the manufacturer, and people who receive the routers are informed of their rights under the GPL by Verizon. And all of this came about through the
 actions of the SFLC.

Hyman, who gives a rat's ass whether the sources are made available?

The SFLC has NEVER made a demand that the sources be made available.
If they did desire that result they would sue for an for an order for "specific performance". They didn't ask for that Hyman:

****************** PRAYER FOR RELIEF *************************

WHEREFORE, Plaintiffs respectfully request judgment against
Defendant as follows:

(1) That the Court issue injunctive relief against Defendant, and
that Defendant, its directors, principals, officers, agents,
representatives, servants, employees, attorneys, successors and
assigns, and all others in active concert or participation with
Defendant, be enjoined and restrained from copying, modifying,
distributing or making any other infringing use of Plaintiffs’ software.
(2) That the Court order Defendant to pay Plaintiffs’ actual and
consequential damages incurred, in an amount to be determined at trial;
(3) That the Court order Defendant to account for and disgorge to
Plaintiffs all profits derived by Defendant from its unlawful acts;
(4) That the Court order Defendant to pay Plaintiffs’ litigation
expenses, including reasonable attorney’s fees and costs of this
action; and
(5) That the Court grant Plaintiffs any such further relief as the
Court may deem just and proper.


Where did they ask for source code to be made available Hyman?
The SFLC left empty handed. They didn't get a damn thing they
asked for in their lawsuit. Instead they dismissed WITH PREJUDICE.

Your bullshit about "source code" is a RED HERRING attempt to
deflect attention from the the fact that the SFLC didn't get one
single thing they "did* request  -- no one gives a shit about what
the SFLC *didn't* ask for. Read the lawsuits sometime Hyman then do
a little research on requesting orders for specific performance of
a contract.

These lawsuits are propaganda bullshit attempting to convince the
gullible that the GPL is legally enforceable -- it's not.

Rjack :)

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