Re: Settlements

2010-03-02 Thread RJack

David Kastrup wrote:

Well since the unlicensed use conflicts with the exclusive rights to 
copy and modification without a license, there we are.




You can deem terms in a license whatever you want -- the pen is in your
hand. You can call a contractual covenant a condition until you turn
blue in the face but it won't magically make it a condition or scope
of use restriction. You can call a dog a cat forever but the dog won't
suddenly stop barking and start meowing while climbing trees.

A U.S. appeals court can issue a ruling directly contradicting the U.S.
Supreme Court but it will only signify an appeals court in error:

[U]nless we wish anarchy to prevail within the federal judicial
system, a precedent of this Court must be followed by the lower
federal courts no matter how misguided the judges of those courts
may think it to be.; HUTTO v. DAVIS, 454 U.S. 370 (1982).

U.S. appeals court decisions are routinely overturned by the Supreme
Court. Only a constitutional amendment or appropriate legislative change
may overturn a holding of the Supreme Court. This is the law of the land
whether we like it or not:

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. Twentieth Century Music Corp. v. Aiken, 422 U.S., at
154-155.; SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 U.S.
417 (1984).

The only two legal mechanisms in a copyright license that can cause a
use to conflict with an exclusive right are a scope of use
restriction or an unsatisfied condition precedent. Neither occurred
in the Jacobsen case with respect to the broadly worded Artistic License
grant.

Keep calling your dog a cat DAK and see if it stops barking and begins
to meow and purr. It won't -- but keep trying anyway.


You can't _both_ claim that the license permits copying and
modification while at the same time claiming that the conditions for
which it does so are not conditions.


Sure I can. I understand the difference between a covanent and a
condition. Judge White (correctly) said the same thing:

Therefore, based on the current record before the Court, the Court
finds that Plaintiff’s claim properly sounds in contract and therefore
Plaintiff has not met his burden of demonstrating likelihood of success
on the merit of his copyright claim and is therefore not entitled to a
presumption of irreparable harm.




Supreme Court vs. moron. Court wins.


You bet it does.  And the moron does not even understand the words
the court uses.


I'm glad you agree. I can't help it that GNUtians are ignorant. They'll
just have to see the light on their own. Hopefully not while they
continue futilely attempting to convince their dog it's a cat.

Sincerely,
RJack :)
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Re: Settlements

2010-03-02 Thread David Kastrup
RJack u...@example.net writes:

 David Kastrup wrote:

 Well since the unlicensed use conflicts with the exclusive rights to
 copy and modification without a license, there we are.


 You can deem terms in a license whatever you want -- the pen is in your
 hand. You can call a contractual covenant a condition until you turn
 blue in the face but it won't magically make it a condition or scope
 of use restriction.

Its not a scope of use restriction because the scope of use is not
restricted but extended.  The conditions for the extension are spelled
out.  If you don't meet them, you are back to the normal usage rights
under copyright law.

 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. Twentieth Century Music Corp. v. Aiken, 422 U.S.,
 at 154-155.; SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464
 U.S.  417 (1984).

Copying and modification without license conflicts with the specific
exclusive rights conferred by the copyright statute.

 The only two legal mechanisms in a copyright license that can cause a
 use to conflict with an exclusive right are a scope of use
 restriction or an unsatisfied condition precedent.

The GPL and related free software licenses don't introduce any conflicts
with exclusive rights.  They _lift_ some usage constraints that would,
without a license, constitute a conflict with exclusive rights.  There
are conditions under which these additional permissions otherwise
prohibited by the exclusive rights conferred by the copyright statute
are given.

All your silly word games don't change that.

-- 
David Kastrup
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Re: Settlements

2010-03-02 Thread Hyman Rosen

On 3/1/2010 9:53 PM, RJack wrote:
 Copying and distribution are

*expressly* permitted by the Artistic license with neither scope of use
restriction nor condition precedent to limit the licensed rights


No, that's wrong according to CAFC:
http://www.cafc.uscourts.gov/opinions/08-1001.pdf
The clear language of the Artistic License creates conditions to
protect the economic rights at issue in the granting of a public
license. These conditions govern the rights to modify and distribute
the computer programs and files included in the downloadable software
package.

It doesn't matter how much you hate and disagree with this decision.
In the battle of crank vs. court, court always wins.

 When did you finally realize that

simply using a phrase like provided that cannot magically turn a
contractual covenant into a scope of use restriction or condition
precedent?


Sorry, but according to CAFC, that's exactly what happens:
http://www.cafc.uscourts.gov/opinions/08-1001.pdf
The Artistic License also uses the traditional language of
conditions by noting that the rights to copy, modify, and
distribute are granted Aprovided that@ the conditions are met.
Under California contract law, provided that typically
denotes a condition.

It doesn't matter how much you hate and disagree with this decision.
In the battle of crank vs. court, court always wins.


The Supreme Court stated that fact with crystal clarity:
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 here is copying and distribution, part of the exclusive
rights enumerated in 17 USC 106. Copying and distribution may only be
carried out by others with permission from the rights holders, and in
the case of the Artistic License and the GPL, such permission comes
only when conditions are adhered to. When those conditions are not met,
the copying and distribution will constitute infringement.

The CAFC has issued its decision. That decision stands regardless of
whether you believe it contradicts the SUpreme Court, until the Supreme
Court itself says otherwise. It doesn't matter how much you hate and
disagree with this decision. In the battle of crank vs. court, court
always wins.
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Re: Settlements

2010-03-02 Thread Hyman Rosen

On 3/2/2010 8:35 AM, RJack wrote:

A U.S. appeals court can issue a ruling directly contradicting the U.S.
Supreme Court but it will only signify an appeals court in error


Until the Supreme Court itself says otherwise, the ruling of
the appeals court stands, regardless of how much you hate and
disagree with the decision. In the battle of crank vs. court,
court wins. Always.
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Re: Settlements

2010-03-02 Thread Alexander Terekhov

Hyman Rosen wrote:
[...]
 Sorry, but according to CAFC, that's exactly what happens:
 http://www.cafc.uscourts.gov/opinions/08-1001.pdf
  The Artistic License also uses the traditional language of
  conditions by noting that the rights to copy, modify, and
  distribute are granted Aprovided that@ the conditions are met.
  Under California contract law, provided that typically
  denotes a condition.

“Under California contract law, “provided that” typically denotes a
condition. See, e.g., Diepenbrock v. Luiz, 159 Cal. 716 (1911)”

The CAFC further ruled: 

“The choice to exact consideration in the form of compliance with the
open source requirements of disclosure and explanation of changes...” 

How on earth can “disclosure and explanation of changes” come before (be
a condition precedent) to the license grant? 

As discussed by The Supreme Court of California, the term “provided” may
or may not indicate a condition, noting that “‘there is no magic in the
term [“provided”], and the clause in a contract is to be construed from
the words employed and from the purpose of the parties, gathered from
the whole instrument.’” Diepenbrock v. Luiz, 115 P. 743, 744 (Cal. 1911)
(quoting Boston Safe Dep. and Trust Co. v. Thomas, 53 P. 472 (Kan. 1898)
(finding that, based on a reading of an entire provision, a clause
containing “provided, that” was not a condition)). 

“It is undoubtedly true, as claimed by appellant, that stipulations in a
contract are not construed as conditions precedent unless that
construction is made necessary by the terms of the contract. ( Deacon v.
Blodget, 111 Cal. 418, [44 Pac. 159]; Antonelle v. Lumber Co., 140 Cal.
318, [73 Pac. 966].) There are also well considered cases holding that
provided does not necessarily impose a condition. In Hartung v. Witte,
59 Wis. 285, [18 N. W. 177], it is said: ‘But the words, “upon the
express condition,” as here used, or the words “if it shall so happen”
or “provided however” and the like do not always make a condition, and
it is often a nice question to determine whether it is a condition or a
covenant and courts always construe similar clauses in a deed as
covenants rather than as conditions, if they can reasonably do so.’ (2
Washburn on Real Property, 4.) 

“In Stanley v. Colt, 72 U.S. 119, [18 L. Ed. 502], it is declared that
‘The word provided though an appropriate word to constitute a common law
condition does not invariably and of necessity do so. On the contrary,
it may give way to the intent of the party as gathered from an
examination of the whole instrument, and be taken as expressing a
limitation in trust.’ 

“Similarly in Woodruff v. Woodruff, 44 N. J. Eq. 353, [16 Atl. 6, 1 L.
R. A. 380], it is said: ‘While the words “provided nevertheless” and
“upon the following conditions” are appropriate words to create a
condition, they do not of necessity create such an estate. They and
similar words, will give way when the intention of the grantor as
manifested by the whole deed, is otherwise, and they have frequently
been explained and applied as expressing simply a covenant or a
limitation in trust.’ 

“Indeed, the decisions are uniform to the point that, while ordinarily
the word ‘provided’ indicates that a condition follows, as expressed in
Boston S. and D. v. Thomas, 59 Kan. 470, [53 Pac. 472], ‘there is no
magic in the term, and the clause in a contract is to be construed from
the words employed and from the purpose of the parties, gathered from
the whole instrument.’ 

The Restatement (Second) of Contracts Article 224 states:

“Condition Defined:
A condition is an event, not certain to occur, which must occur, unless
its non-occurrence is excused, before performance under a contract
becomes due.”

Obviously an “event” that depends on performance of a contract cannot
occur *before* performance of the contract becomes due. This result is
called an impossible condition in contract construction and is strictly
construed *against* the drafter.

The ruling of the CAFC reminds me of this limerick ridiculing the theory
of special relativity:

There was a young lady named Bright,
Whose speed was far faster than light.
She went out one day,
In a relative way
And returned the previous night!

– Arthur Reginald Buller

See also:

http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15936
http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:15939 

regards,
alexander.

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 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.)

Re: Settlements

2010-03-02 Thread Hyman Rosen

On 3/2/2010 10:16 AM, Alexander Terekhov wrote:

How on earth...


Be sure to get back to me once the CAFC decision is reversed.

Meanwhile, the straightforward conditions of the AL, and the
GPL by extension, hold. Anyone wishing to avail themselves of
the permission to copy and distribute granted by those licenses
must follow the conditions of those licenses. If they copy and
distribute covered works without meeting the conditions of the
licenses, then they are infringing.
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Re: Settlements

2010-03-02 Thread David Kastrup
Alexander Terekhov terek...@web.de writes:

 Hyman Rosen wrote:
 [...]
 Sorry, but according to CAFC, that's exactly what happens:
 http://www.cafc.uscourts.gov/opinions/08-1001.pdf
  The Artistic License also uses the traditional language of
  conditions by noting that the rights to copy, modify, and
  distribute are granted Aprovided that@ the conditions are met.
  Under California contract law, provided that typically
  denotes a condition.

 “Under California contract law, “provided that” typically denotes a
 condition. See, e.g., Diepenbrock v. Luiz, 159 Cal. 716 (1911)”

 The CAFC further ruled: 

 “The choice to exact consideration in the form of compliance with the
 open source requirements of disclosure and explanation of changes...” 

 How on earth can “disclosure and explanation of changes” come before (be
 a condition precedent) to the license grant? 

Causality does not necessarily imply temporal order in the legal world,
because the legal _meaning_ of an act might sometimes be established
only at a later point of time.

Taking something in a supermarket without paying constitutes theft.  The
relevant activity of the theft is done at the time I take the ware, the
status of the theft is established when I pass the cash register.
Passing a cash register, however, is not what the law considers a crime.

-- 
David Kastrup
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Re: Settlements

2010-03-02 Thread Alexander Terekhov
Hey dak, a nice summary...

Alexander Terekhov wrote:
 
 David Kastrup wrote:
 [...]
  Taking something in a supermarket without paying constitutes theft.  The
  relevant activity of the theft is done at the time I take the ware, the
  status of the theft is established when I pass the cash register.
 
 Uh stupid dak. You're mistaken.
 
 http://www.frag-einen-anwalt.de/forum_topic.asp?topic_id=37040

http://www.frag-einen-anwalt.de/forum_topic.asp?topic_id=3567

Sehr geehrter Ratsuchender, 

wenn Sie den Supermarkt noch nicht verlassen haben, ist dies ein Indiz
dafür, dass Sie nur einen versuchten Diebstahl begangen haben, von dem
Sie noch strafbefreiend zurücktreten konnten. 

Allerdings kommt es für die Beurteilung auch auf die Größe der Ware an,
denn befand sich die Beute versteckt im Einkaufswagen, haben Sie den
Diebstahl nur versucht. 

Handelte es sich dagegen um sehr kleine Gegenstände, die Sie in der
Jacke versteckt hatten, dann liegt ein vollendeter Diebstahl vor. Von
diesem ist ein Rücktritt nicht möglich. 

Sie sehen, dass es bei der rechtlichen Beurteilung auf die sehr genaue
Kenntnis des Sachverhalts ankommt. 

Insgesamt haben Sie sich erst einmal mit Ihrem Schreiben an den
Supermarkt richtig verhalten. Sie können auch ersteinmal eine mögliche
Vorladung der Polizei abwarten. Das würde sich nicht nachteilig für Sie
auswirken. Insgesamt rate ich Ihnen zu einem anwaltlichen Beistand.
Gerne stehe ich Ihnen hierfür zur Verfügung. 

Mit freundlichen Grüßen 

Marcus Alexander Glatzel 
Rechtsanwalt 

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 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'

--
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(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
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Re: Settlements

2010-03-02 Thread David Kastrup
Alexander Terekhov terek...@web.de writes:

 David Kastrup wrote:
 [...]
 Taking something in a supermarket without paying constitutes theft.  The
 relevant activity of the theft is done at the time I take the ware, the
 status of the theft is established when I pass the cash register.

 Uh stupid dak. You're mistaken.

 http://www.frag-einen-anwalt.de/forum_topic.asp?topic_id=37040

We have other actions establishing the intent of the persons here.  But
anyway, you'll notice that only the Anwalt talks about complete theft,
while the only relevant opinion is that of the court, and the court does
not talk about theft in its description of the complaint, but the
taking of a non-own moveable object from somebody else with the intent
of making it his own against the law.

And the Anwalt is not exactly acting without self-interest, as he
writes: Ich stehe Ihrem Sohn natürlich jederzeit für seine Verteidigung
zur Verfügung., offering to defend the purportive thief for a fee.  So
he has an interest in making the incident appear worse than it is.

So you manage, again, to dig up a quote that does not actually help your
argument.

I have actually once had an attempt of an interview by a detective that
had imagined me to have pocketed a can of nuts (I had taken a look at
its prize tag, decided that it was overprized and put it back).  The
detective waited until after I had passed the cash register.  Not his
lucky day I guess because me blowing my top was likely not all too well
for keeping a low profile.

But the point is: until I pass the cash register, there is no way of
knowing whether I had merely been employing my pocket because I was
running out of space in my hands or because I intended to steal
something.

That detective obviously knew that.  And the court on that page you cite
obviously knew it as well which is why he does not talk about theft but
something quite more iffish.

-- 
David Kastrup
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NYC LOCAL: Tuesday 2 March 2010 NYLUG Programming Systems Workshop: Squeak

2010-03-02 Thread secretary
blockquote
  what=official NYLUG Workshop / Hacking Society announcement
  note=This is a regular event.
The NYLUG Workshop / Hacking Society meets every other Tuesday.
  edits=

 From: NYLUG Announcements i...@nylug.org
 To: NYLUG Announcements nylug-annou...@nylug.org
 Date: Mon,  1 Mar 2010 09:20:01 -0500 (EST)
 Subject: [nylug-announce] NYLUG Workshop / Hacking Society, (Smalltalk, C++, 
Python) TOMORROW March 2 6:00PM-8:00PM
 X-BeenThere: nylug-annou...@nylug.org
 Reply-To: Announcements from NYLUG nylug-annou...@nylug.org

 This is a reminder for the event detailed below.

 WORKSHOP / HACKFEST
 Date: Tuesday, March 2, 2010
 Time: 6:00pm
 Duration: 2 hours
 Location: NY Public Library Hudson Park Branch, 66 Leroy St., NY NY 10014

 Topics:
   This week, we're going to continue looking at Smalltalk via Squeak.
   There may also be some discussion related to the C++ online workshop
   taking place on nylug-talk, and general discussion about Python.
   We'll be working through example code.

   Bring something to discuss! There's a blackboard, chalk, and Internet
   access.  Notebook computers are helpful but not required.
   All levels of Python experience from totally new to experienced welcome!

 Resources:
   *  Squeak Smalltalk environment
  http://www.squeak.org/

   *  NYLUG-Talk list
  http://nylug.org/listinfo/nylug-talk/

 Map  Directions:
   http://nylug.org/hackcalendar

   We meet in the basement. Enter the library and head to the back. If the
   door is closed when you arrive you can ask the manager of the library for
   the keys to the room if you're comfortable opening up the basement, or
   you can wait for some of the others to arrive.

 Description:
   We will continue meeting on a bi-weekly basis at the Hudson Library at
   66 Leroy St New York, NY 10014.

   It is helpful, but not necessary to have a notebook computer.  
   The WiFi at the library works now.   

 Mailing List:
   We have a mailing list!  Join it here:
   http://nylug.org/mailman/listinfo/hack

   or send mail to: hack-requ...@nylug.org
   with a Subject: subscribe

   There is also an RSS feed for the workshop mailing list at:
   http://nylug.org/mlist/hack.rss

 IRC Channel:
   On Freenode, in #nylug-python .  Stop by #nylug also.

 The Next Meeting After This Meeting:
   The following Workshop will be held on: Tuesday, March 16, 2010 at 6:00 PM
 __
 Hire expert Linux talent by posting jobs here :: http://jobs.nylug.org
 nylug-announce mailing list nylug-annou...@nylug.org
 http://nylug.org/mailman/listinfo/nylug-announce
  
/blockquote


Distributed poC TINC:

Jay Sulzberger secret...@lxny.org
Corresponding Secretary LXNY
LXNY is New York's Free Computing Organization.
http://www.lxny.org
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Re: Settlements

2010-03-02 Thread Alexander Terekhov

David Kastrup wrote:
[...]
 Taking something in a supermarket without paying constitutes theft.  The
 relevant activity of the theft is done at the time I take the ware, the
 status of the theft is established when I pass the cash register.

Uh stupid dak. You're mistaken.

http://www.frag-einen-anwalt.de/forum_topic.asp?topic_id=37040

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 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.)
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Re: Settlements

2010-03-02 Thread Alexander Terekhov

David Kastrup wrote:
 
 Alexander Terekhov terek...@web.de writes:
 
  David Kastrup wrote:
  [...]
  Taking something in a supermarket without paying constitutes theft.  The
  relevant activity of the theft is done at the time I take the ware, the
  status of the theft is established when I pass the cash register.
 
  Uh stupid dak. You're mistaken.
 
  http://www.frag-einen-anwalt.de/forum_topic.asp?topic_id=37040
 
 We have other actions establishing the intent of the persons here.  But
 anyway, you'll notice that only the Anwalt talks about complete theft,
 while the only relevant opinion is that of the court, and the court does
 not talk about theft in its description of the complaint, but the
 taking of a non-own moveable object from somebody else with the intent
 of making it his own against the law.

Uh moron dak.

http://dejure.org/gesetze/StGB/242.html

http://de.wikipedia.org/wiki/Diebstahl

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 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 
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Re: Settlements

2010-03-02 Thread David Kastrup
Alexander Terekhov terek...@web.de writes:

 David Kastrup wrote:
 [...]
 But the point is: until I pass the cash register, there is no way of

 Uh retard dak.

Ah, your standard way of saying that you have run out of arguments
again.

 http://lawww.de/Library/242/loesung.html

Answers without questions?

Are you trying to beat your own track record of posting irrelevant
links?

-- 
David Kastrup
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Re: Settlements

2010-03-02 Thread Alexander Terekhov

David Kastrup wrote:
 
 Alexander Terekhov terek...@web.de writes:
 
  David Kastrup wrote:
  [...]
  But the point is: until I pass the cash register, there is no way of
 
  Uh retard dak.
 
 Ah, your standard way of saying that you have run out of arguments
 again.
 
  http://lawww.de/Library/242/loesung.html
 
 Answers without questions?

Go to doctor dak.

http://www.ladendiebstahl.de/Strafgesetz.htm

Sobald ein Täter eine Ware in seine Kleidung oder in eine mitgeführte
Tasche gesteckt hat, ist sein Gewahrsam begründet und damit der
Diebstahl vollendet.

http://www.gutefrage.net/frage/ist-das-ladendiebstahl

Sobald ein Täter eine Ware in seine Kleidung oder in eine mitgeführte
Tasche gesteckt hat, ist sein Gewahrsam begründet und damit der
Diebstahl vollendet.

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 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.)
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Re: Settlements

2010-03-02 Thread David Kastrup
Alexander Terekhov terek...@web.de writes:

 David Kastrup wrote:
 
 Alexander Terekhov terek...@web.de writes:
 
  David Kastrup wrote:
  [...]
  But the point is: until I pass the cash register, there is no way of
 
  Uh retard dak.
 
 Ah, your standard way of saying that you have run out of arguments
 again.
 
  http://lawww.de/Library/242/loesung.html
 
 Answers without questions?

 Go to doctor dak.

 http://www.ladendiebstahl.de/Strafgesetz.htm

 Sobald ein Täter eine Ware in seine Kleidung oder in eine mitgeführte
 Tasche gesteckt hat, ist sein Gewahrsam begründet und damit der
 Diebstahl vollendet.

 http://www.gutefrage.net/frage/ist-das-ladendiebstahl

 Sobald ein Täter eine Ware in seine Kleidung oder in eine mitgeführte
 Tasche gesteckt hat, ist sein Gewahrsam begründet und damit der
 Diebstahl vollendet.

You are again citing a comment rather than the law.  And the particular
sentence makes little enough sense:

As soon as a perpetrator puts an item into his clothes or a carried
bag, his confinement is justified, and thus the theft is completed.

That's shaking the order and dependencies of the acts up rather
absurdly.

-- 
David Kastrup
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Re: Settlements

2010-03-02 Thread Alexander Terekhov

David Kastrup wrote:
[...]
 You are again citing a comment rather than the law.  And the particular
 sentence makes little enough sense:

You're incurable, stupid dak.

http://heinrich.rewi.hu-berlin.de/examinatorium/BT/Internet21.pdf

http://www.nomos-shop.de/_assets/downloads/Kindh%C3%A4user%20StGB%20BT2_%C2%A7%202%20Diebstahl.pdf

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 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.)
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