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Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scan

From: Alexander Terekhov
Subject: Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling)
Date: Wed, 08 Dec 2010 16:01:34 -0000

Piss off silly dak.

"The purchased upgrades have no bearing on this case

The court didn't address the issue of the upgrades because it has no
bearing on the case. Nothing in the upgrade agreement specifically
transferred ownership of the R14 copies back to Autodesk. So, if it can
be proved that CTA owned the R14 copies before the upgrade, they still
owned them after the upgrade (in addition to the R15 copies). The
requirement to destroy the copies by itself doesn't transfer ownership
(this is consistent with precedent in United States v. Wise where
transfer of copies strictly for the purpose of salvage or destruction
still constitutes a sale or other transfer of ownership).

This may seem unfair from Autodesk's point of view, but considering it
from CTA's point of view, they may view the "upgrade" discount similar
to a "frequent customer" discount. I often buy books from the bookstore
at a similar type of discount for being a frequent buyer. But this
doesn't mean that the bookstore gets my previously purchased books back
in exchange for the discount.

Software upgrade discounts and book discounts serve exactly the same
purpose: to encourage future purchases by rewarding the customer for
past purchases and brand loyalty. "


(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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