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Re: Compliance detection tool

From: Alexander Terekhov
Subject: Re: Compliance detection tool
Date: Tue, 04 May 2010 16:17:00 -0000

RJack wrote:
> Hyman Rosen wrote:
> > On 4/16/2010 2:50 PM, RJack wrote:
> >> The erroneous
> >
> > It will be "erroneous" when another court says it is. Right now, it's
> > a valid decision of a court.
> The Supreme Court has already said it's erroneous.

New Jersey district judge HOCHBERG shall be impeached for producing
nonsense such as "Thus, ..." below.

"The heart of the argument on appeal concerns whether the terms of the
Artistic License are conditions of, or merely covenants to, the
copyright license. Generally, a "copyright owner who grants a
nonexclusive license to use his copyrighted material waives his right to
sue the licensee for copyright infringement and can sue only for breach
of contract. Sun Microsystems, Inc., v. Microsoft Corp., 188 F.3d 1115,
1121 (9th Cir. 1999); Graham v. James, 144 F.3d 229, 236 (2d Cir. 1998).
If, however, a license is limited in scope and the licensee acts outside
the scope, the licensor can bring an action for copyright infringement.
See S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081, 1087 (9th Cir.1989);
Nimmer on Copyright, ' 1015[A] (1999).

Thus, if the terms of the Artistic License allegedly violated are both
covenants and conditions, they may serve to limit the scope of the
license and are governed by copyright law."

She is deliberately mixing three different contract law concepts of
conditions, covenants, and scope limitations which have nothing to do
with being governed by copyright law. (She probably copy & pasted it
from moronic Jacobsen's brief).

"Worst judge I have yet encountered. Decides the case beforehand and her
opinions are excerpts from her predetermined winner's briefs. Ignores
the facts and pleadings. When you lose, you want to at least feel the
judge listened and considered what you had to say -- not so with this
judge. She blows you off and makes it clear she's blowing you off."


P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

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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