Re: The SFLC dismissals should be coming soon

[RJack]

Hyman Rosen wrote:
> On 2/12/2010 8:09 PM, RJack wrote:
> > The developers submit patches or a new source code module that
> > amounts at most to a few hundreds of bytes.
> >
> > The BusyBox (remember -- "a single program") source tarball when 
> > unzipped is 7.75 *million* bytes.
> >
> > The claim that checking in a *few hundred bytes* of new code
> > through GIT is contributing a "new derivative work" is pure
> > nonsense.
>
> <http://tushnet.blogspot.com/2009/04/settlement-disagreement-leads-to.html>
>  Each new version of SG’s program is a separate derivative work, as
> set forth in SG’s registrations themselves.
>
> Tell it to the court.


"Derivative works are explicitly included in the subject matter of
copyright as defined by the Copyright Act. 17 U.S.C. § 103. But this
principle is subject to two important and related limitations. First, to
support a copyright the original aspects of a derivative work must be
more than trivial. Second, the scope of protection afforded a derivative
work must reflect the degree to which it relies on preexisting material
and must not in any way affect the scope of any copyright protection in
that preexisting material"; Durham Industries Inc v. Tomy Corporation,
630 F2d 905 (2nd Cir 1980).

Tell it to the court Hyman.


1) A ratio of a few lines to 7.7 million lines is trivial.

2) Your theory says BusyBox is a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative a derivative of a derivative of a derivative a derivative of
a derivative of a derivative a derivative of a derivative of a
derivative ... through literally thousands of iterations of derivative
works.

I'll leave it to you to identify the individual contributions and
ownership claims in this 7.7 million byte "derivative work" when you
address the court.

Be careful what you wish for Hyman, you might just receive it.

"Captain Moglen scared them out of the water!"
http://www.fini.tv/blog/finishing_line_files/a44f9390355368f87dc47b7ec094f93e-36.php

ROFL. ROFL. ROFL.

Sincerely,
RJack :)




Sincerely,
RJack :)