Hyman Rosen wrote: > > On 3/29/2010 3:07 PM, Alexander Terekhov wrote: > > Hyman Rosen wrote: > >> On the contrary, all of my quotes are germane. > > You quoted nothing in your message. > > On other occasions.
I lack knowledge or information sufficient to form a belief as to the truth of your statement and therefore I deny it. Stop ignoring the facts Hyman. Recall that the FSF itself is on record: http://www.terekhov.de/Wallace_v_FSF_37.pdf "In his Response, Plaintiff claims that FSF uses the GPL "to pool and cross-license [FSF's] intellectual property with others." However, as is evident on the face of the agreement itself, the GPL is not a "pooling" or "cross-licensing" agreement. To the contrary, the GPL, which is the target of Plaintiff's Amended Complaint, is a software licensing agreement under which the GNU/Linux Operating System is licensed to users. The express purpose of the GPL is to make certain that "the software is free for all its users." (GPL, Preamble, Ex. A.) In fact, the GPL itself rejects any automatic aggregation of software copyrights under the GPL simply because one program licensed under the GPL is distributed together with another program that is not licensed under the GPL: "In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License." Plaintiff's miscaracterization of the GPL in his Response has no bearing on the resolution of the pending Motion to Dismiss because the Court can examine the GPL itself. "[T]o the extent that the terms of an attached contract conflict with the allegations of the complaint, the contract controls." Centers v. Centennial Mortg., Inc., 398 F.3d 930, 933 (7th Cir. 2005). " Philip A. Whistler (#1205-49) Curtis W. McCauley (#16456-49) Attorneys for Defendant, Free Software Foundation, Inc. ICE MILLER One American Square Box 82001 Indianapolis, IN 46282-0002 317.236.2100 See also http://legal-dictionary.thefreedictionary.com/ambiguity "Courts frequently interpret an ambiguous contract term against the interests of the party who prepared the contract and created the ambiguity. This is common in cases of adhesion contracts and insurance contracts. A drafter of a document should not benefit at the expense of an innocent party because the drafter was careless in drafting the agreement. In Constitutional Law, statutes that contain ambiguous language are void for vagueness. The language of such laws is considered so obscure and uncertain that a reasonable person cannot determine from a reading what the law purports to command or prohibit. This statutory ambiguity deprives a person of the notice requirement of Due Process of Law, and, therefore, renders the statute unconstitutional. " regards, alexander. P.S. "Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' -- 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.) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
