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Re: Jacobsen v. Katzer settled

From: Alexander Terekhov
Subject: Re: Jacobsen v. Katzer settled
Date: Sat, 20 Feb 2010 12:25:40 +0100

Alexander Terekhov wrote:
> RJack wrote:
> >
> > Hyman Rosen wrote:
> > >
> > > So, it's a complete victory for Jacobsen, including a payment of
> > > $100,000 from Katzer.
> >
> > For one wrongly decided non-precedential case:
> >
> > "The freedom of the district courts to follow the guidance of their
> > particular circuits in all but the substantive law fields assigned
> > exclusively to this court [patents] is recognized in the foregoing
> > opinions and in this case."; ATARI, INC., v. JS & A GROUP, INC., 747
> > F.2d 1422, 223 USPQ 1074 (Fed. Cir. 1984) (en banc)
> Man oh man, look at this:
> "Entry 44 :  9/11/2009 :  Letter sent to Victoria K. Hall in response to
> letter requesting assignment of this case to same merits panel that
> decided the case when it was first here on appeal. This court's usual
> case assignment procedure is set forth in IOP 3(1). By: Clerk.  .
> SERVICE : by Court on 9/11/2009"
> No wonder Katzer decided to pay shitty Victoria 100K just to keep her
> away from him.
> In the meantime, freetrads are celebrating in the blogosphere:
> ("A Big Victory for F/OSS: Jacobsen v. Katzer is Settled")
> "With the case now settled, there can be no further appeals - meaning
> that the rulings of the District and Appeals courts are now binding in
> their circuit.  Although federal courts in other circuits will not be
> bound this court's decision, the California circuit is well respected,
> and other federal judges nationwide will be influenced by its legal
> conclusions.  As a result, the results of the Jacobsen v. Katzer could
> evenutally become the law of the land. "
> ("Jacobsen and FOSS Community Win Big in Jacobsen v. Katzer Settlement")
> ("The Model Train Software Brouhaha Ends: Open Source Wins")
> "with the settlement between Jacobsen and Katzer, the final shoe has
> dropped, with a precedent set that will help defend open source licenses
> in the future."

It's unbelievable: now it's not a settlement but rather FINAL JUDGEMENT
("US-Gericht stärkt Position Freier Software")

"Wie der US-Patentanwalt und Open-Source-Unterstützer Andy Updegrove am
Freitag berichtete, wurde vor einem US-Gericht ein Urteil im Fall
Jacobson vs. Katzer gefällt, womit die Rechte von Entwicklern Freier und
Offener Software (FOSS) gestärkt werden."



P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <> The Silliest GPL 'Advocate'

(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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