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Re: Justice draws nigh

From: RJack
Subject: Re: Justice draws nigh
Date: Wed, 08 Dec 2010 15:55:25 -0000
User-agent: Thunderbird (Windows/20100228)

Alan Mackenzie wrote:
In gnu.misc.discuss RJack <> wrote:
Alan Mackenzie wrote:
In gnu.misc.discuss Hyman Rosen <> wrote:
On 5/12/2010 4:43 PM, RJack wrote:
Ahhhh... a frank admission of noinfringement.

Copying and distribution of GPL-covered works without following
the requirements of the GPL is infringement of the copyrights of the rights holders. Even assuming the lawsuit is faulty for not having the correct version registered, copyright infringement is occurring regardless.

How can the plaintiff even know which version of Busybox has been
distributed? It is likely that the defendants have customised Busybox to their own requirements, hence what they distribute won't match ANY properly released version. It's thus silly to expect the plaintiffs to specify the exact version, and US law is
 surely not _that_ silly.

So... do you propose charging a defendant with copyright infringement of unidentified code? People scream bloody murder when
 Microsoft alludes to Linux violating its unidentified patents.

Not at all. The code has been identified as being some version of Busybox. All versions of Busybox are copyrighted by its writers.

The situation is a bit analogous to taking a copyright book, changing
a few words here and there, then maintaining it's not identical to the registered book, so it's not subject to copyright.

Remember the Best Buy et. al. scheduling order?


It makes perfect sense to force a plaintiff to identify with specificity his original work that was allegedly infringed.

yes. That work is called Busybox. I think your assumption here is that two copyright works are either identical or different, and that there're no shades of grey between these extremes. I doubt the courts subscribe to that view.

There are over fifty contributing authors to BusyBox. BusyBox history
reflects a growth of hundreds of thousands lines of code. Just take your
pick huh? Is that the way they do it in Europe?

Would you support Microsoft's ability to file for copyright infringement over code it cannot or will not specifically identify in its Windows operating system?

No. I would expect MS to identify the files involved, or the subsystems involved, or whatever. Enough for the defendants to know what they've allegedly violated. Which particular versions of those files would be immaterial.

So has Erik Andersen identified the files or subsystems in BusyBox or
would your proposal apply only to Microsoft suits?

How would a defendant prepare a defense against infringement of a "moving target"?

By shooting at it whilst taking account of its motion.  Has this got
anything to do with anything? The metaphor of a "target" seems rather strained here.

 RJack :)

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