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Re: JMRI case -- Implementation of the Federal Circuit's Opinion

From: Alexander Terekhov
Subject: Re: JMRI case -- Implementation of the Federal Circuit's Opinion
Date: Fri, 31 Jul 2009 17:29:05 +0200

Hyman Rosen wrote:
> Alexander Terekhov wrote:
> > Does the following help, Hyman?
> >
> Not in the slightest. The amicus brief is correct. The
> harm done by violation of open copyright licenses is
> irreparable and immediate precisely because it is non-
> economic in nature.

Non-economic doesn't mean irreparable and immediate, silly.

> Harm caused by typical copyright violation is repaired
> by forcing the violators to pay what they would have
> paid had they proceeded legally. 

And contract laws provide for remedy known as "specific performance".

>                                  Once open-licensed
> code is distributed to users without making them aware
> of their extra-copyright permissions, the interests of
> the copyright holder as expressed by his license can't
> generally be recovered because the users aren't tracked.

Who told you that Appellees didn't track the users of allegedly
infringed material? The record is full of evidence to the contrary,

> Naturally the appellee brief will argue against this,
> but that doesn't mean they're correct.

Hth, Hyman.


(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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