Re: Problem with GPLv3 FAQ about linking with Visual C++

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> On 2/4/2010 11:32 AM, Alexander Terekhov wrote:
> > http://www2.verizon.net/micro/actiontec/actiontec.asp

Are you seriously suggestion that offering the GPL'd binaries for
downloading 

http://www2.verizon.net/micro/actiontec/actiontec.asp

without even slight mentioning of the GPL and NOT providing access to
the source code from the same place is okay provided one puts some hints
where to locate the source code (from third party) in its support
database?

> <http://www22.verizon.com/residentialhelp/fiosinternet/networking/setup/questionstwo/98768.htm>
> <http://www22.verizon.com/residentialhelp/fiosinternet/networking/setup/questionstwo/98770.htm>
> <http://www22.verizon.com/ResidentialHelp/FiOSInternet/Networking/Troubleshooting/QuestionsOne/124346.htm>
>      Wireless home networking with an Actiontec MI424WR router
>          ...
>          Downloading GPL and LGPL code for programmers
> 
> > Recall that SFLC has lost the case miserably. The case was dismissed
> > with prejudice against plaintiff and absolutely no settlement with
> > defendant.
> 
> The SFLC dismissed the case because Verizon complied with the GPL.

Uh silly Hyman.

http://www2.verizon.net/micro/actiontec/actiontec.asp

IS NOT IN COMPLIANCE.

> And it's not that "the case was dismissed" which is a deliberately
> misleading way to imply that the court dismissed the case. Rather,
> the parties settled and therefore the plaintiffs dismissed the case.

Does Verizon know that it's a party to a settlement regarding busybox
and GPL? Do you have any evidence of that?

I've got the evidence to the contrary:

http://blog.internetnews.com/skerner/2008/06/verizon-ceo-doesnt-know-about.html

------
Verizon CEO doesn't know about open source
By Sean Michael Kerner on June 18, 2008 1:37 PM 
 
>From the 'not everyone knows about open source yet' files:

LAS VEGAS -- I just got out of a Q&A session with Verizon Communications
CEO Denny Strigl and being an open source guy I asked Strigl about open
source. Specifically I asked what role does open source play at Verizon
now, especially in light of the recent SFLC lawsuit against Verizon on
GPL infringement.

Strigl looked at me with a blank face and asked me to repeat my
question. He was completely clueless.

He then asked one of his PR people to answer, and they too were
clueless.

In December of 2007 the Software Freedom Law Center (SFLC) filed its GPL
lawsuit, which was settled in March of this year. The win was hailed as
a victory for open source by the SFLC and others.

Apparently though open source types (like myself) thought the Verizon
thing was a big deal, it apparently never reached the radar screen of
Verizon's top exec. Go figure.
------

> Dismissal with prejudice is routine in settlements, requested by
> defendants to prevent plaintiffs taking a second bite at the apple.

What is typical in settlements is to file the aggeement to "roll into
order" in court.

http://www.groklaw.net/articlebasic.php?story=20091022230639840
(SCO's Chapter 11 Trustee Moves to Settle AutoZone)

"10/22/2009 - 935 - Motion to Approve Settlement Agreement With AutoZone
(Attachments: # 1 Notice # 2 Exhibit A - Under Seal# 3 Exhibit B # 4
Certificate of Service) Filed by Edward N. Cahn, Chapter 11 Trustee for
The SCO Group, Inc., et al.. Hearing scheduled for 11/20/2009 at 02:00
PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3,
Wilmington, Delaware. Objections due by 11/10/2009. (Attachments: # 1
Notice # 2 Exhibit A - Under Seal# 3 Exhibit B# 4 Certificate of
Service) (Fatell, Bonnie) (Entered: 10/22/2009) 

10/22/2009 - 936 Motion to File Under Seal Exhibit A to the Trustee's
Motion to Approve Settlement Agreement With AutoZone (related
document(s) 935 ) Filed by Edward N. Cahn, Chapter 11 Trustee for The
SCO Group, Inc., et al.. Hearing scheduled for 11/20/2009 at 02:00 PM at
US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington,
Delaware. Objections due by 11/10/2009. (Attachments: # 1 Notice # 2
Exhibit A # 3 Certificate of Service) (Fatell, Bonnie) (Entered:
10/22/2009) "

http://en.wikipedia.org/wiki/Settlement_(litigation)

"Generally, when a settlement is reached in the U.S., it will be
submitted to the court to be "rolled into a court order". This is done
so that the court which was initially assigned the case may retain
jurisdiction over it. The court is then free to modify its order as
necessary to achieve justice in the case, and a party that breaches the
settlement may be held in contempt of court, rather than facing only a
civil claim for the breach. In cases where confidentiality is required
by the parties, the court order may refer to another document which is
not disclosed, but which may be revealed to prove a breach of the
settlement."

Where are all those 'settlements' reached by SFLC Hyman?

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.)