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Re: Artifex v. Diebold: "The GPL is non-commercial!"


From: Hyman Rosen
Subject: Re: Artifex v. Diebold: "The GPL is non-commercial!"
Date: Thu, 05 Feb 2009 08:55:15 -0500
User-agent: Thunderbird 2.0.0.18 (Windows/20081105)

Alexander Terekhov wrote:
SIXTH DEFENSE
(FIRST SALE DOCTRINE)
Plaintiffs claims are barred by the first sale doctrine.

When defendants post an answer to a complaint, they assert
every conceivable defense against the arguments of the
plaintiffs. That's routine lawyering. Then the plaintiffs
have to respond as to why the defenses are incorrect, and
so on back and forth, with the judge deciding validity.

SFLC voluntarily dismissed the case shortly after
> Bell Microproducts filed the answer to the complaint.

Here is the SFLC's complaint:
<http://www.softwarefreedom.org/news/2008/jun/10/busybox/bell-complaint.pdf>

Notice that is against Bell Micro, doing business as Hammer Storage.

Here is Hammer Storage's support website:
<http://www.hammer-storage.com/support/software_updates.asp>

Notice that you may download GPLed sources from there.

As always, the case was dismissed because the defendants
came into compliance with the GPL.


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