Re: Settlements

[Hyman Rosen]

On 3/1/2010 2:16 PM, RJack wrote:
> Sadly your apparent inability to understand the distinction between
> the proposed "use" (scope restriction) and the enumerated exclusive
> rights themselves leaves you appearing as ignorant as ever.

The only use involved here is copying and distribution, which are
among the enumerated exclusive rights of the statute.

> Neither copyright "attributions" nor "licensing" utilize the exclusive
> rights in copyrighted source code

Correct but totally irrelevant, because the exclusive rights
which are being infringed is the right to copy and distribute.

> and as a consequence of this fact, the
> proposed uses cannot conflict with one of the specific exclusive rights
> conferred by the copyright statute.

The only use involved here is copying and distribution, which are
among the enumerated exclusive rights of the statute.

> Both copyright attributions and copyright licenses are written in
> plain English -- not model train source code. Your claims to the
> contrary leave you looking utterly foolish. You should take more pride
> in yourself.

Model train source code is written in a mixture of computer
language and plain English. But that makes no difference
anyway. As a CONDITION for the USE of COPYING and DISTRIBUTION
the LICENSE requires ATTRIBUTION. Should the work be copied
and distributed otherwise, the conditions are violated and the
copier has no permission to copy and distribute the work, and
doing so is an infringement of the rights holder's exclusive
right to copy and distribute.

> 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.

The only use involved here is copying and distribution, which are
among the enumerated exclusive rights of the statute.