Re: The GPL and Patents: ROFL

[RJack]

On 8/20/2010 10:07 AM, Hyman Rosen wrote:
> On 8/20/2010 9:52 AM, RJack wrote:
> > It seems you have just nullified the AFC test's merger doctrine.
>
> You do not understand, or deliberately lie about, the AFC test.
>
> Here is what the court said in Gates Rubber:
> <http://scholar.google.com/scholar_case?case=11680749340692242274> 2.
> Filtration ... (a) The Idea-Expression Dichotomy ... At the other end
> of the abstractions spectrum, source and object code, which are the
> literal elements of a program, will almost always be found to be
> protectable expression unless the doctrines of merger and scenes a
> faire come into play.
>
> The AFC test is for determining when non-literal copying has taken
> place. When literal code has been copied, copyright infringement has
> occurred, with the very limited exceptions the court mentions.

Yeah... exceptions such as the AFC's test for merger. Moron
> Anti-GPL cranks don't understand law and they don't understand
> English. While they are more to be pitied than hated, they are always
> to be corrected.

Sincerely,
RJack :)