Re: Settlements

[RJack]

Hyman Rosen wrote:
> On 2/26/2010 10:56 AM, RJack wrote:
> > Alexander and I have gone to great lengths to explain to you the 
> > difference between a "condition precedent" and a "scope of use" 
> > condition.
>
> The GPL requires that its provisions be honored as a condition of
> granting permission to copy and distribute a covered work.

Back to denial already Hyman?


"2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:

    b) You must cause any work that you distribute or publish, that in
    whole or in part contains or is derived from the Program or any
    part thereof, to be licensed as a whole at no charge to all third
    parties under the terms of this License."; GPL sec 2

Please identify the section of 17 USC 106 where "causing" someone "to
license" a work conflicts with a specific exclusive right of an owner of
copyrights.

"An unlicensed use of the copyright is not an infringement unless it
conflicts with one of the specific exclusive rights conferred by the
copyright statute. Twentieth Century Music Corp. v. Aiken, 422 U.S., at
154-155."; SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 U.S.
417 (1984).

I await your answer with 'bated breath.

> One of the alternatives available to obtain permission is to make
> source available upon request. If someone copies and distributes a
> covered work using this provision but does not intend to honor such
> requests, he is infringing the copyright of the rights holders.

Please identify the section of 17 USC 106 where "failing to provide
source code" conflicts with a specific exclusive right of an owner of
copyrights.

Living in your cocoon of denial probably feels good Hyman but
you really should try to reintegrate yourself into the real world.

Sincerely,
RJack :)