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Re: Freedom. . . NOT


From: Alexander Terekhov
Subject: Re: Freedom. . . NOT
Date: Tue, 16 Sep 2008 17:03:12 +0200

Rui Miguel Silva Seabra wrote:
[...]
>         The lawyer representing Skype still continued to argue for a bit into
>         that direction, which resulted one of the judges making up an
>         interesting analogy of something like: "If a publisher wants to 
> publish
>         a book of an author that wants his book only to be published in a 
> green
>         envelope, then that might seem odd to you, but still you will have to 
> do
>         it as long as you want to publish the book and have no other agreement
>         in place".
> 

Yeah, yeah.

... resulted one of the judges making up an interesting analogy of
something like: "If a publisher wants to publish a book of an author
that wants his book only to be published in a green envelope with a
child pornography photo of your child, then that might seem odd to you,
but still you will have to do it as long as you want to publish the book
and have no other agreement in place".

Uh drunktard.

> It seems the world insists on defying Therekov/Rjack's perception of

Here's a bit more sensible judge (OLG/Court of Appeal of Dusseldorf
(Copyright Senate), Appellate Judge):

------ 
g. Finally, there is the important question of the consequences of the
assumed invalidity of the GPL. The Munich court argued that the question
of the enforceability of the GPL was in no way relevant. According to
the Bavarian judges, if the GPL is legally ineffective,  the user does
not have a license and is thus violating copyright law. On the face of
it, that sounds plausible, but it is not. If somebody offers software on
the Internet for downloading and links the download with invalid general
terms, he can hardly sue for copyright infringement. Instead, the
validity of the standard terms is a matter for the software distributor:
if he wants to use invalid contractual terms, he bears the risk of their
use. 
------ 

regards,
alexander.

--
http://gng.z505.com/index.htm
(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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