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Re: Groklaw attacks Alexander

From: Alexander Terekhov
Subject: Re: Groklaw attacks Alexander
Date: Mon, 24 Aug 2009 11:10:02 +0200


Team of Apple lawyers 

Authored by: PJ on Sunday, August 23 2009 @ 09:36 PM EDT 

I think you are misstating things. Title to what passes at time of sale?
The CD? But what good is that, when it's the software that you really
want, and you can't get title to that, because it's intellectual
property, intangible, and copyrighted. So what is the benefit of gaining
"title" when you can't get the important part? And does the UCC fit if
you can't get the important part? Why don't you read this article on why
Article 2 can't apply to software? It might put some new thoughts in
your head you can consider. While you are reading it and then thinking
about it, think about what happens to software if it is viewed as a good
that can be sold in a contractual sense, like widgets. What happens to
Copyright law? Where does it fit? And what happens to programmers if
they are now bound by warranties of merchantability and all the rest?
What happens when someone violates the EULA or the GPL now? Can you sue
still under copyright law? Or must you go to state courts and sue for
breach of contract? You see how your simplification of a "remedy" can
cause some truly horrific consequences? Had you thought them through? If
so, what do you answer? You know, the antiGPL crowd for years has been
arguing that the GPL is a contract, because, I believe, they have this
figured out, and if you have to sue for breach in state law, you can't
realistically prevail if you are just some FOSS programmer up against a
large company that can outspend you and outlast you. Whereas the
copyright law remedy keeps even the bolder players at least polite.
That's the beauty of the GPL, that it evens the field, and you would
like to take that away from its arsenal. Why? 


(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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