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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Hyman Rosen
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Mon, 02 Mar 2009 18:35:36 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Alexander Terekhov wrote:
Verzion is unaware of, ignores or willfully violates the GPL by distributing GPL'd binary code from
http://www2.verizon.net/micro/actiontec/actiontec.asp
but failing to ensure that downloaders can easily find the source code (offer) at the time they download the binary.

Verzion offers the software through an "actiontec gateway" link
on a page labeled as being for firmware upgrades to people who
already have their FiOS router which came with a Verizon-branded
manual and a disk containing GPL information and source. The
manufacturer of the router makes the soources available on a web
page festooned with the symbols of Linux and Copyleft.

If this is a failure to honor the GPL, it is in the most minor way
imaginable, and naturally the SFLC was satisfied with the results
of its settlement discussions, and dismissed its case. The outcome
is that anyone who receives the firmware is able to run it if they
have the router, they may read the source code, they may modify it,
and they may share it, exactly as the GPL was written to insure.

Even your last breath of hope is denied to you. There is not a single
company prepared to defy the requirements of the GPL.


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