Re: Copyright Misuse Doctrine in Apple v. Psystar

[Alexander Terekhov]

Alan Mackenzie wrote:
[...]
> I was assuming you'd have already checked it, and would want to save
> others on the newsgroup, including me, from needless work.  Have you
> checked it, Alex?  Does the download offered on that page violate the
> GPL?

Sure it does violate the GPL, Alan. Go to Verizon's download page and
try to find accompanied text of the GPL and/or sources (or "a written
offer, valid for at least three years, to give any third party, for a
charge no more than your cost of physically performing source
distribution, a complete machine-readable copy of the corresponding
source code, to be distributed under the terms of Sections 1 and 2 above
on a medium customarily used for software interchange").

> 
> >> > The case against Verizon
> 
> >> > http://www.softwarefreedom.org/news/2007/dec/07/busybox/verizon.pdf
> 
> >> That's just the plaintiff's complaint.
> 
> > Yeah, and... ?
> 
> So it wasn't particularly pertinent to the point at issue, that's all.
> But thanks, anyhow.

The case against Verizon was formulated in the plaintiff's complaint,
stupid.

> 
> >> > was dismissed WITH PREJUDICE against plaintiffs.
> 
> >> Was it?  Can you cite the document of dismissal?  That would be more
> >> helpful.
> 
> > http://www.terekhov.de/GPLvVerizon/DISMISSAL.pdf
> 
> The notice is actually of voluntary dismissal, and there is no sign of
> anything "against" the plaintiffs.  

Man oh man. It is by definition of "dismissal with prejudice" that it is
against the plaintiffs, idiot. Dismissal with prejudice is detrimental
to plaintiffs, not defendants.

>                                    It looks like the point having
> become moot as a result of the defendant coming into compliance before
> the actual case.

When did Verizon came into compliance? Are you hallucinating, Alan?

> 
> But then, you're familiar with the details.  Is there any evidence in
> this case that this dismissal has allowed the defendant (Verizon) to
> continue infringing the GPL?

Read on what "res judicata" means...

regards,
alexander.

-- 
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be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)