Re: Blowhard Bradley Kuhn and his fraud

[RJack]

On 8/10/2010 10:30 AM, RJack wrote:
> Blowhard Bradley Kuhn, president of the Software Freedom Conservancy
> is at it again. He recently opined, "Usually, anytime I do GPL
> enforcement for BusyBox the facts are never in dispute. The typical
> situation is that a firmware is distributed on the device that
> clearly contains BusyBox and no source nor offer for source code is
> included. So it was with Westinghouse."
> http://www.linuxplanet.com/linuxplanet/reports/7145/1/
>
> Mr. Kuhn who is a computer science major, is "enforcing the GPL".
> http://en.wikipedia.org/wiki/Bradley_M._Kuhn
>
> How's that for a frank admission of the unauthorized practice of law
> (a criminal offense in many jurisdictions)?
>
> Mr. Kuhn conveniently forgot to mention the prevailing law of the
> Second Federal Circuit where the Best Buy Inc. cases are being
> heard:
>
> "The Copyright Act authorizes only two types of claimants to sue for
>  copyright infringement: (1) owners of copyrights, and (2) persons
> who have been granted exclusive licenses by owners of
> copyrights.[Note 3]
>
> [Note 3] ... We do not believe that the Copyright Act permits
> holders of rights under copyrights to choose third parties to bring
> suits on their behalf. While F.R.Civ.P. 17(a) ordinarily permits the
> real party in interest to ratify a suit brought by another party,
> see Urrutia Aviation Enterprises v. B.B. Burson & Associates, Inc.,
> 406 F.2d 769, 770 (5th Cir.1969); Clarkson Co. Ltd. v. Rockwell
> Int'l Corp., 441 F.Supp. 792 (N.D.Calif.1977), the Copyright Law is
> quite specific in stating that only the "owner of an exclusive right
> under a copyright" may bring suit. 17 U.S.C. Sec. 501(b) (Supp. IV
> 1980)."; Eden Toys Inc v. Florelee Undergarment Co Inc, 697 F.2d 27
> (2nd Cir 1983).
>
> There is no such thing as a "copyright enforcement agent" under
> federal law. Which GNU legal beagles out there dreamed up this
> idiotic fraud about the Software Freedom Conservancy? The internet
> is abuzz with the sounds of utter gibberish about how the "GPL WINS
> AGAIN!".

The sound of silence concerning Mr. Kuhn's activities is deafening!

Where are all the good soldiers such as Hyman Rosen, David Kastrup, Znu
and the legion of Free Softies our there? Cat suddenly got their tongue?
Were they caught with their pants down? However will the Software
Freedom Conservancy survive without it's loyal troopers?


Theirs not to make reply,
Theirs not to reason why,
Theirs but to do and die,
Into the valley of Death
Rode the six hundred.

ROFL.

Sincerely,
RJack :)

Theirs was not to reason why. Theirs was not make Reply.