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Re: Blowhard Bradley Kuhn and his fraud


From: Alexander Terekhov
Subject: Re: Blowhard Bradley Kuhn and his fraud
Date: Tue, 22 Mar 2011 13:27:42 +0100

RJack wrote:
> 
> On 3/22/2011 6:51 AM, Alexander Terekhov wrote:
> >
> > RJack wrote:
> >>
> >> Best Buy Inc. has just filed a 28 page (available on PACER)
> >> Memorandum of Law in Opposition to Plaintiff's Motion for
> >> Preliminary Injunction.
> >>
> >> Let the the fireworks begin!
> >
> > SFLC's exciting reply:
> >
> > http://www.terekhov.de/188.pdf
> >
> > 1. They don't object Best Buy claim that SFC 'agent' has no standing
> > at all. Ciao SFC plaintiff. Ha ha.
> >
> > 2. Regarding the bogus copyright registration and lack of
> > identification of Andersen's actual work, the answer is basically
> > "it's all in the CVS and Subversion logs so go dig it out yourself
> > dear copyright office and defendants". Ha ha.
> >
> > 3. The rights under the GPL really really automatically terminate on
> > a slightest breach with no way to cure and the only way out is to beg
> > for "reinstantiation" of rights. Ha ha.
> >
> > 4. The plaintiffs are really really irreparably harmed. LOL.
> >
> > 5. Dear judge, free us poor plaintiffs from the obligation to post
> > the security bond... LMAO.
> 
> The SFLC is utterly clueless concerning the registration of derivative
> works. SFLC says:
> 
> "The first version of BusyBox Andersen released
> after leaving Lineo was version 0.60.3. That
> version contained 8,897 lines of brand new code
> added by Andersen after leaving Lineo. This new
> code added functionality and improvements to the
> stability of BusyBox's core features. Williamson
> Decl. Ex. A at 274:5– 276:24. A large portion of
> this code, 5,794 lines, he wrote entirely by
> himself."
> 
> So... we are now down to 5,794 lines of code of unregistered,

Actually we are now down to 3,078 lines, see below.

> unidentified lines of code -- not BusyBox  0.60.3. Remember

Note that the line count includes both '.h'-headers and '.c'-files. 

Headers contain zilch of copyrightable expression.

Note also that Best Buy distributed version 1.2.1 and not 0.60.3.

>From Kuhn's declaration:

"I inspected the commit logs stored at http://www.busybox.net to
determine Erik Andersen's recorded contributions to BusyBox version
0.60.3 that were still present in BusyBox version 1.2.1. I found that of
the 8,868 lines of code Andersen added or was the last to edit in
BusyBox version 0.60.3, 4,884 remain unchanged in BusyBox version 1.2.1.
I also found that of the 5,794 lines of code that Andersen added or was
the last to edit in BusyBox version 0.60.3, excluding situations where
Andersen noted in the log that he was contributing a patch written in
part or in whole by another developer, 3,078 lines of code remain
unchanged in BusyBox version 1.2.1. In particular, I ran a computer
program that processed the author data associated with each line of code
contained in BusyBox version 1.2.1 files ending in ".c" or ".h" applying
similar criteria as described in ¶ 6 and ¶ 7 of this declaration, and
finding those lines where the author and timestamp data had not changed
between version 0.60.3 and version 1.2.1."

> the SFLC Complaint?
> 
> "BusyBox is a single computer program that comprises a set of computing
> tools and optimizes them for computers with limited resources,
> such as cell phones, PDAs, and other small, specialized electronic devices."
> 
> Andersen was registering "...a single computer program...", *except* it
> is now "...5,794 lines..." of code.
> 
> Best Buy anticipated this ploy:
> 
> "[n.11] If Mr. Andersen were to later claim that he is trying to enforce
> only his personal contributions to v.0.60.3, those contributions have
> not been defined, they are not before the Court, and they are not
> alleged to be in the accused devices."
> 
> Sincerely,
> RJack :)

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.)


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