Re: Jacobsen v. Katzer settled
Alexander Terekhov wrote:
http://www.consortiuminfo.org/standardsblog/article.php?story=201002190850472
("A Big Victory for F/OSS: Jacobsen v. Katzer is Settled")
"With the case now settled, there can be no further appeals - meaning
that the rulings of the District and Appeals courts are now binding
in their circuit. Although federal courts in other circuits will not
be bound this court's decision, the California circuit is well
respected, and other federal judges nationwide will be influenced by
its legal conclusions.
We must be vigilant concerning blogs that haven't the *slightest* idea
what they are talking about.
What fucking "California circuit"?
Judge White who, *opposed* the Jacobsen decision by the *Federal
Circuit* resides in the Northern District of California for the *Ninth
Circuit* Court of Appeals. Since the Federal Circuit has *no*
jurisdiction over copyright matters unless there is an ancillary patent
issue, they will probably never hear another case of this type. This
CAFC three member panel violated their own Federal Circuit rules by
overuling a prior 2005 CAFC three judge panel's decision:
"In light of their facts, those cases thus stand for the entirely
unremarkable principle that "uses" that violate a license
agreement constitute copyright infringement only when those
uses would infringe in the absence of any license agreement at all."
Storage Technology Corp. v. Custom Hardware Engineering
& Consulting, Inc., 421 F.3d 1307 (Fed. Cir. 2005).
District Judge White noted this conflict.
As a result, the results of the Jacobsen v. Katzer could evenutally
become the law of the land. "
I thought the "law of the land" was enshrined in the Constitution.
ROFL
Sincerely,
Rjack
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Re: Jacobsen v. Katzer settled
Alexander Terekhov wrote:
>
> RJack wrote:
> >
> > Hyman Rosen wrote:
> > >
> > > So, it's a complete victory for Jacobsen, including a payment of
> > > $100,000 from Katzer.
> >
> > For one wrongly decided non-precedential case:
> >
> > "The freedom of the district courts to follow the guidance of their
> > particular circuits in all but the substantive law fields assigned
> > exclusively to this court [patents] is recognized in the foregoing
> > opinions and in this case."; ATARI, INC., v. JS & A GROUP, INC., 747
> > F.2d 1422, 223 USPQ 1074 (Fed. Cir. 1984) (en banc)
>
> Man oh man, look at this:
>
> http://jmri.sourceforge.net/k/docket/cafc-pi-2/CaseDetailsScreen.html
>
> "Entry 44 : 9/11/2009 : Letter sent to Victoria K. Hall in response to
> letter requesting assignment of this case to same merits panel that
> decided the case when it was first here on appeal. This court's usual
> case assignment procedure is set forth in IOP 3(1). By: Clerk. .
> SERVICE : by Court on 9/11/2009"
>
> No wonder Katzer decided to pay shitty Victoria 100K just to keep her
> away from him.
>
> In the meantime, freetrads are celebrating in the blogosphere:
>
> http://www.consortiuminfo.org/standardsblog/article.php?story=201002190850472
> ("A Big Victory for F/OSS: Jacobsen v. Katzer is Settled")
>
> "With the case now settled, there can be no further appeals - meaning
> that the rulings of the District and Appeals courts are now binding in
> their circuit. Although federal courts in other circuits will not be
> bound this court's decision, the California circuit is well respected,
> and other federal judges nationwide will be influenced by its legal
> conclusions. As a result, the results of the Jacobsen v. Katzer could
> evenutally become the law of the land. "
>
> http://lawandlifesiliconvalley.com/blog/?p=405
> ("Jacobsen and FOSS Community Win Big in Jacobsen v. Katzer Settlement")
>
> http://ostatic.com/blog/the-model-train-software-brouhaha-ends-open-source-wins
> ("The Model Train Software Brouhaha Ends: Open Source Wins")
>
> "with the settlement between Jacobsen and Katzer, the final shoe has
> dropped, with a precedent set that will help defend open source licenses
> in the future."
It's unbelievable: now it's not a settlement but rather FINAL JUDGEMENT
in A COURT OF LAST RESORT!
http://futurezone.orf.at/stories/1639811/
("US-Gericht stärkt Position Freier Software")
"Wie der US-Patentanwalt und Open-Source-Unterstützer Andy Updegrove am
Freitag berichtete, wurde vor einem US-Gericht ein Urteil im Fall
Jacobson vs. Katzer gefällt, womit die Rechte von Entwicklern Freier und
Offener Software (FOSS) gestärkt werden."
ROFL!!!
regards,
alexander.
P.S. "I'm insufficiently motivated to go set up a GNU/Linux system
so that I can do the builds."
Hyman Rosen 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 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.)
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Re: Jacobsen v. Katzer settled
David Kastrup wrote: > > Alexander Terekhov writes: > > > David Kastrup wrote: > > > > [... "willful fraud" ... ] > > > > You're really a crackpot, dak. > > And you've run out of arguments again. Really, it is a good thing > nobody is paying you for the sad spectacle you make of yourself. me: 'A' doesn't imply 'B' dak: sure it does, otherwise it is willful fraud! Uh crackpot retard dak. regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen 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 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
Re: Jacobsen v. Katzer settled
Alexander Terekhov writes: > David Kastrup wrote: > > [... "willful fraud" ... ] > > You're really a crackpot, dak. And you've run out of arguments again. Really, it is a good thing nobody is paying you for the sad spectacle you make of yourself. -- David Kastrup ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
Re: Jacobsen v. Katzer settled
David Kastrup wrote: [... "willful fraud" ... ] You're really a crackpot, dak. regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen 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 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
Re: Jacobsen v. Katzer settled
Alexander Terekhov writes: > David Kastrup wrote: > [...] >> Well, if the GPLed source is made available in the aftermath, it stands > > How do you know that, silly dak? > > Because "the version numbers on the links match," right you retard? I answered that already. There is nothing to be gained by fraudulently claiming to provide the correct source when this isn't the case: willful fraud is punished harder than accidental(?) non-adherence to license terms. If somebody needs the source for some purpose, he'll notice when it doesn't work, and it is unlikely that a court would find that funny. And if nobody needs the source, providing it can't do the business any harm. So there just is no point to fraud. Now while you delight in fantasizing about people just pretending to heed the GPL, that certainly is your prerequisite, but it certainly does not make you look smarter or saner than what you choose to call people. -- David Kastrup ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
Re: Jacobsen v. Katzer settled
David Kastrup wrote: [...] > Well, if the GPLed source is made available in the aftermath, it stands How do you know that, silly dak? Because "the version numbers on the links match," right you retard? Given that comrade Hyman is "insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." LOL why don't YOU dak go and try make a test trying to create http://www2.verizon.net/micro/actiontec/actiontec.asp binary from the source tarball available on the actiontec's site dak? Please report back to us your results and evidence that the said source code is "complete corresponding source code under the GPL." TIA. regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen 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 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
Re: Jacobsen v. Katzer settled
RJack wrote:
>
> Hyman Rosen wrote:
> >
> > So, it's a complete victory for Jacobsen, including a payment of
> > $100,000 from Katzer.
>
> For one wrongly decided non-precedential case:
>
> "The freedom of the district courts to follow the guidance of their
> particular circuits in all but the substantive law fields assigned
> exclusively to this court [patents] is recognized in the foregoing
> opinions and in this case."; ATARI, INC., v. JS & A GROUP, INC., 747
> F.2d 1422, 223 USPQ 1074 (Fed. Cir. 1984) (en banc)
Man oh man, look at this:
http://jmri.sourceforge.net/k/docket/cafc-pi-2/CaseDetailsScreen.html
"Entry 44 : 9/11/2009 : Letter sent to Victoria K. Hall in response to
letter requesting assignment of this case to same merits panel that
decided the case when it was first here on appeal. This court's usual
case assignment procedure is set forth in IOP 3(1). By: Clerk. .
SERVICE : by Court on 9/11/2009"
No wonder Katzer decided to pay shitty Victoria 100K just to keep her
away from him.
In the meantime, freetrads are celebrating in the blogosphere:
http://www.consortiuminfo.org/standardsblog/article.php?story=201002190850472
("A Big Victory for F/OSS: Jacobsen v. Katzer is Settled")
"With the case now settled, there can be no further appeals - meaning
that the rulings of the District and Appeals courts are now binding in
their circuit. Although federal courts in other circuits will not be
bound this court's decision, the California circuit is well respected,
and other federal judges nationwide will be influenced by its legal
conclusions. As a result, the results of the Jacobsen v. Katzer could
evenutally become the law of the land. "
http://lawandlifesiliconvalley.com/blog/?p=405
("Jacobsen and FOSS Community Win Big in Jacobsen v. Katzer Settlement")
http://ostatic.com/blog/the-model-train-software-brouhaha-ends-open-source-wins
("The Model Train Software Brouhaha Ends: Open Source Wins")
"with the settlement between Jacobsen and Katzer, the final shoe has
dropped, with a precedent set that will help defend open source licenses
in the future."
LOL!
ROFL!!!
Uh retards.
regards,
alexander.
P.S. "I'm insufficiently motivated to go set up a GNU/Linux system
so that I can do the builds."
Hyman Rosen 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 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.)
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