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Re: The GPL and Patents: ROFL

From: RJack
Subject: Re: The GPL and Patents: ROFL
Date: Wed, 08 Dec 2010 16:00:21 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv: Gecko/20100802 Thunderbird/3.1.2

On 8/20/2010 10:07 AM, Hyman Rosen wrote:
On 8/20/2010 9:52 AM, RJack wrote:
It seems you have just nullified the AFC test's merger doctrine.

You do not understand, or deliberately lie about, the AFC test.

Here is what the court said in Gates Rubber:
<> 2.
Filtration ... (a) The Idea-Expression Dichotomy ... At the other end
of the abstractions spectrum, source and object code, which are the
literal elements of a program, will almost always be found to be
protectable expression unless the doctrines of merger and scenes a
faire come into play.

The AFC test is for determining when non-literal copying has taken
place. When literal code has been copied, copyright infringement has
occurred, with the very limited exceptions the court mentions.

Yeah... exceptions such as the AFC's test for merger. Moron

Anti-GPL cranks don't understand law and they don't understand
English. While they are more to be pitied than hated, they are always
to be corrected.

RJack :)

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