Re: Psystar's legal reply brief in response to Apple

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> On 8/5/2010 12:01 PM, Alexander Terekhov wrote:
> >> Yes. That's not a "fair use" permission as the OP claimed.
> > It has nothing to do with fair use
> 
> Yes, that's what I said.
> 
> > The idea that the "copyleft hack" of copyright act is enforceable by
> > the copyright act itself is utterly moronic.
> 
> <http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
>      "Having determined that the terms of the Artistic License are
>       enforceable copyright conditions..."

It was explained to you many times that CAFC's opinion (authored by a
district court judge from New Jersey sitting by designation and
apparently having trouble to grasp California contract law regarding
conditions and confusing the concept of conditions with license scope
limitations and consideration in the form of compliance with licensee's
obligations) in the Jacobsen case is *non-precedential* amusing
BULLSHIT. CAFC has no authority to establish precedents in copyright
licensing matters.

regards,
alexander.

--
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