Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Hyman Rosen
Rjack wrote: The settlement agreement will, of course, be an agreement to pay Cisco's attorney fees and require the SFLC to voluntarily dismiss their silly propaganda suit -- same as always. What evidence do you have that the SFLC has ever payed the attorney's fees for the other side? I'm sure

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Doctor Smith
On Mon, 02 Mar 2009 01:58:43 +, Roy Schestowitz wrote: > Ford and Microsoft share a lot in common. Yea, they both run a tight ship and even in these difficult times they manage to generate revenue. Speaking of revenue, how are those Microsoft banner advertisements paying off for you Schesto

Re: Virus hits SRA International and leads to potential compromise

2009-03-01 Thread Snit
Hadron stated in post gofsnh$vb...@hadronquark.motzarella.org on 3/1/09 11:01 PM: > Vincent writes: > >> On Sun, 01 Mar 2009 22:01:55 +, Doug Mentohl wrote: >> >>> 'Victims: Employees, former employees, and dependents of employees who >>> may be enrolled in the SRA benefits program' >>> >>

Re: Virus hits SRA International and leads to potential compromise

2009-03-01 Thread Hadron
Vincent writes: > On Sun, 01 Mar 2009 22:01:55 +, Doug Mentohl wrote: > >> 'Victims: Employees, former employees, and dependents of employees who >> may be enrolled in the SRA benefits program' >> >> 'Types of Data: "personal information such as name, address, date of >> birth, health inform

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Vincent
On Mon, 02 Mar 2009 02:00:00 +, Roy Schestowitz wrote: > re: TomTom > > http://discuss.itwire.com/viewtopic.php?f=29&t=8705 > > “I was going to spend my money on upgrading to Windows 7 when it is > released, but after reading this, I am disgusted at Microsoft’s apparent > greed…” This is ex

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Vincent
On Mon, 02 Mar 2009 01:58:43 +, Roy Schestowitz wrote: > Wait... > > Ford is still alive (without public looting, aka "stimulus"/"bailout")? > > Ford and Microsoft share a lot in common. This was just discussed on CNN and it boils down to Ford managing it's money more efficiently, having

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Roy Schestowitz
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 / Vincent on Sunday 01 March 2009 20:24 : \ > On Sun, 01 Mar 2009 19:19:46 +, 7 wrote: > >> >> Sounds like everyone (i.e. all Micoshaft Customers, Micoshaft Partners >> and product manufacturers who support Micoshaft Products and users wh

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Roy Schestowitz
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 / Vincent on Sunday 01 March 2009 19:30 : \ > On Sun, 01 Mar 2009 19:06:31 +, Doug Mentohl wrote: > >> "Microsoft has brought a lawsuit against car navigation system >> manufacturer TomTom. The products in question incorporate Linux, and

Re: TomTom to contest Microsoft patent lawsuit ..

2009-03-01 Thread Vincent
On Sun, 01 Mar 2009 17:20:57 -0500, amicus_curious wrote: > > My own feeling is that the Open Invention Network and the FSF, too, are > a bunch of pud knockers without much money in the bank and not much of a > chance to horn in on this issue. They could try to sue Microsoft for > some sort of in

Re: Virus hits SRA International and leads to potential compromise

2009-03-01 Thread Vincent
On Sun, 01 Mar 2009 22:01:55 +, Doug Mentohl wrote: > 'Victims: Employees, former employees, and dependents of employees who > may be enrolled in the SRA benefits program' > > 'Types of Data: "personal information such as name, address, date of > birth, health information and Social Security

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack writes: Rahul Dhesi wrote: Rjack writes: As I asked before: Is this the best you can do? As I previously stated , it was all I needed to do -- correctly cite the applicable law. I can't force you to learn or comprehend. You haven't cited law that matches the

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack writes: >Rahul Dhesi wrote: >> Rjack writes: >> As I asked before: Is this the best you can do? >As I previously stated , it was all I needed to do -- correctly cite >the applicable law. I can't force you to learn or comprehend. You haven't cited law that matches the facts. You cited la

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack writes: As I asked before: Is this the best you can do? As I previously stated , it was all I needed to do -- correctly cite the applicable law. I can't force you to learn or comprehend. Sincerely, Rjack :) -- You can lead a horse to water but you can't make him d

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack writes: >> The opinion that you so triumphantly cite states: "Graham and >> James orally agreed to the licensing agreement and did not >> clearly delineate its conditions and covenants." >> >> A case about an unclear oral agreement -- that's all you can come >> up with? >"But the exist

Re: Microsoft's IP chief on TomTom, Linux and patents ..

2009-03-01 Thread 7
Andrew Halliwell wrote: > 7 wrote: >> The most vigorous way Tom Tom can defend itself is to eliminate support >> for micoshaft products and ask the Open Source community to help it write >> EXT2 drivers for all its products. And then freely distribute the sources >> to help all the China, Korea a

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Thufir Hawat wrote: On Sun, 01 Mar 2009 10:55:35 -0500, Rjack wrote: Any copying beyond that point is copyright infringement -- the GPL itself says so. The court will ignore what the GPL says and instead rely on what The Copyright Act of 1976 (As Amended) says in light of prevailing federal an

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack writes: Unfortunately, if you wish to refute my cited authority of Graham v James you'll have to do it on your own dime. The case *clearly* refutes "automatic termination" due to breach so either you haven't read it or are incapable of understanding it. Alexander Te

Re: Microsoft's IP chief on TomTom, Linux and patents ..

2009-03-01 Thread Andrew Halliwell
7 wrote: > The most vigorous way Tom Tom can defend itself is to eliminate support > for micoshaft products and ask the Open Source community to help it write > EXT2 drivers for all its products. And then freely distribute the sources > to help all the China, Korea and Taiwan manufacturers to elim

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Thufir Hawat
On Sun, 01 Mar 2009 10:55:35 -0500, Rjack wrote: >> Any copying beyond that point is copyright infringement -- the GPL >> itself says so. > > The court will ignore what the GPL says and instead rely on what The > Copyright Act of 1976 (As Amended) says in light of prevailing federal > and state l

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Thufir Hawat
On Sun, 01 Mar 2009 09:41:17 -0500, amicus_curious wrote: >> None of the above demonstrate that the file(s) are stored on Verizon >> servers, the files could be hosted on Actiontek servers. >> > With a URL of download.Verizon.net? Perhaps their servers could be > linked behind the scenes, but tha

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack writes: >Unfortunately, if you wish to refute my cited authority of Graham v >James you'll have to do it on your own dime. The case *clearly* refutes >"automatic termination" due to breach so either you haven't read it or >are incapable of understanding it. Alexander Terekhov also directed

Re: Microsoft's IP chief on TomTom, Linux and patents ..

2009-03-01 Thread 7
amicus_curious wrote: > > "Doug Mentohl" wrote in message > news:goeu49$u5...@news.datemas.de... >> Q: Is the technology being used by TomTom something it developed on its >> own, or is it outside or open-source technology that they're using? >> >> Gutierrez: Well, it's hard for me to tell where

Re: TomTom to contest Microsoft patent lawsuit ..

2009-03-01 Thread amicus_curious
"Doug Mentohl" wrote in message news:goetik$su...@news.datemas.de... amicus_curious wrote: Apparently the claim is not without some merit, though. The article goes on to say: "Martijn den Drijver, analyst at SNS Securities, said given that TomTom rival Garmin (GRMN.O) has already license

Re: Microsoft's IP chief on TomTom, Linux and patents ..

2009-03-01 Thread amicus_curious
"Doug Mentohl" wrote in message news:goeu49$u5...@news.datemas.de... Q: Is the technology being used by TomTom something it developed on its own, or is it outside or open-source technology that they're using? Gutierrez: Well, it's hard for me to tell where the technology comes from .. the c

heartland sued in class action suite ..

2009-03-01 Thread Doug Mentohl
One month after the Heartland Payment Systems (HPY) data breach was revealed, a Philadelphia law firm filed a class action lawsuit against the processor on behalf of two banks and three credit unions .. http://www.bankinfosecurity.com/articles.php?art_id=1239 http://www.informationweek.com/blog

Virus hits SRA International and leads to potential compromise

2009-03-01 Thread Doug Mentohl
'Victims: Employees, former employees, and dependents of employees who may be enrolled in the SRA benefits program' 'Types of Data: "personal information such as name, address, date of birth, health information and Social Security Number"' http://www.breachblog.com/2009/02/05/sra.aspx 'Secur

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack writes: I think you're confusing conditions qualifying performance of a contract with rescission of a contract but I can't be sure. You can be sure. I'm not, you are. You are ignoring the plain language of the GPL where is says "provided that" several times, and

eBay on the Hook for Cyber-Theft

2009-03-01 Thread Doug Mentohl
eBay said Friday, in a filing with the U.S. Securities and Exchange Commission, that about 141,000 users have now joined lawsuits against IAC, 2,000 more than the auction giant listed in its prior quarterly filing. IAC previously had notified most of its roughly 20 million users that cybercroo

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Roy Schestowitz
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 / Doug Mentohl on Sunday 01 March 2009 19:06 : \ > "TomTom Patent Debate is about the Mobile Internet not Linux .." > > (All about open source, standards, and the business of software) > > "In a Christensen economic world of a network of com

Re: Microsoft's IP chief on TomTom, Linux and patents ..

2009-03-01 Thread Doug Mentohl
See also .. "Microsoft at a Crossroads: Future Trend-Setter or Future Pariah?" http://www.acrossad.com/articles/msftfuture.html ___ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss

Re: Microsoft's IP chief on TomTom, Linux and patents ..

2009-03-01 Thread 7
Doug Mentohl wrote: > Q: Is the technology being used by TomTom something it developed on its > own, or is it outside or open-source technology that they're using? > > Gutierrez: Well, it's hard for me to tell where the technology comes > from .. the case involves infringement of Microsoft patent

Re: TomTom to contest Microsoft patent lawsuit ..

2009-03-01 Thread amicus_curious
"Doug Mentohl" wrote in message news:goen0a$8v...@news.datemas.de... '"We reject the claim and will vigorously defend ourselves," TomTom spokesman Taco Titulaer said, adding that Microsoft sent a letter to TomTom's U.S. office informing it of the action' Apparently the claim is not withou

Re: Using proprietary graphics in a free program

2009-03-01 Thread Tim Smith
In article , Tord Romstad wrote: > I am Tord Romstad, author of Glaurung, one of the strongest GPLed > chess programs. Recently, I ported my program to the Apple iPhone. A > couple of days ago, I was contacted by someone who wants to make a > commercial chess program based on my program. He und

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack writes: >I think you're confusing conditions qualifying performance of a >contract with rescission of a contract but I can't be sure. You can be sure. I'm not, you are. You are ignoring the plain language of the GPL where is says "provided that" several times, and "will automatically te

Microsoft's IP chief on TomTom, Linux and patents ..

2009-03-01 Thread Doug Mentohl
Q: Is the technology being used by TomTom something it developed on its own, or is it outside or open-source technology that they're using? Gutierrez: Well, it's hard for me to tell where the technology comes from .. the case involves infringement of Microsoft patents by TomTom devices that em

Re: TomTom to contest Microsoft patent lawsuit ..

2009-03-01 Thread Doug Mentohl
amicus_curious wrote: Apparently the claim is not without some merit, though. The article goes on to say: "Martijn den Drijver, analyst at SNS Securities, said given that TomTom rival Garmin (GRMN.O) has already licensed technology from Microsoft, it s likely that TomTom will settle the c

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Vincent
On Sun, 01 Mar 2009 19:19:46 +, 7 wrote: > > Sounds like everyone (i.e. all Micoshaft Customers, Micoshaft Partners > and product manufacturers who support Micoshaft Products and users who > use Micoshaft crap products) must make a concerted effort to eliminate > support for micoshaft products

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Vincent
On Sun, 01 Mar 2009 19:06:31 +, Doug Mentohl wrote: > "Microsoft has brought a lawsuit against car navigation system > manufacturer TomTom. The products in question incorporate Linux, and at > least one of the seven patents involved concerns a Linux kernel > implementation rather than TomTom's

VirnetX patent secure domain names ..

2009-03-01 Thread Doug Mentohl
'According to company officials, these patents include “fundamental mechanisms for providing secure automated communications across the Internet using VirnetX’s innovative domain names and domain name service (DNS). Applications such as VoIP, instant messaging, video conferencing, file sharin

Intellectual Ventures form alliance with Telcordia Technologies ..

2009-03-01 Thread Doug Mentohl
Intellectual Ventures and Telcordia Technologies announced an alliance today that leverages Telcordia's skilled inventors and heritage of telecommunication innovation with Intellectual Ventures' experience in broadly licensing telecommunications inventions .. Through this deal, Intellectual Ve

USPTO redefines DNS registration services ..

2009-03-01 Thread Doug Mentohl
'the .. ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and mo

CC transaction authorization over cell phone patented ..

2009-03-01 Thread Doug Mentohl
Charge Notification Services Corporation (C.N.S.C.) has filed a lawsuit against VISA, Inc. for patent infringement .. The C.N.S.C. patent covers charge card transaction authorization and/or notification in real-time via SMS to the cardholder's cellular phone ... http://pr-canada.net/index.php?

Lenovo sued over MPEG patent ..

2009-03-01 Thread Doug Mentohl
"Friday's complaint in Manhattan federal district court against Lenovo Group Limited .. is none other than Sullivan & Cromwell. Sullivan's team is led by partner Garrard Beeney. Beeney's clients claim that Lenovo knowingly violated their patent on a type of compression technology called MPEG-2

Nokia patents audio taging of images ..

2009-03-01 Thread Doug Mentohl
'Under Nokia’s patented system, when a picture is taken it is displayed on the phone’s screen for a defined period of time. During this period the user can assign a voice tag to the image which will define where the picture is stored, or alternatively delete it. To assign the voice tag, the us

Re: TomTom to contest Microsoft patent lawsuit ..

2009-03-01 Thread 7
Doug Mentohl wrote: > '"We reject the claim and will vigorously defend ourselves," TomTom > spokesman Taco Titulaer said, adding that Microsoft sent a letter to > TomTom's U.S. office informing it of the action' > > http://www.reuters.com/article/marketsNews/idINLQ40872620090226?rpc=44 The most

Arendi patents retrieving names and addresses with a single mouse click ..

2009-03-01 Thread Doug Mentohl
"Microsoft .. and .. Dell .. were sued this week .. contending they're wrongly using an invention for retrieving names and addresses with a single mouse click. Arendi Holding Ltd., based in the Cayman Islands" http://www.delawareonline.com/article/20090301/BUSINESS/90301031

BT patents data compression

2009-03-01 Thread Doug Mentohl
using the invention, patented in 1992, and should pay monetary damages, according to a Feb. 20 complaint filed in federal court in Wilmington ..." http://www.delawareonline.com/article/20090301/BUSINESS/903010311/1003/BUSINESS -- In related news in the aftermath of the SS Titanic stri

Re: analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread 7
Doug Mentohl wrote: > "Microsoft has brought a lawsuit against car navigation system > manufacturer TomTom. The products in question incorporate Linux, and at > least one of the seven patents involved concerns a Linux kernel > implementation rather than TomTom's own software. Is this Microsoft's >

TomTom to contest Microsoft patent lawsuit ..

2009-03-01 Thread Doug Mentohl
'"We reject the claim and will vigorously defend ourselves," TomTom spokesman Taco Titulaer said, adding that Microsoft sent a letter to TomTom's U.S. office informing it of the action' http://www.reuters.com/article/marketsNews/idINLQ40872620090226?rpc=44 TomTom finances .. http://www.ibtime

analyzing Microsoft's Linux lawsuit ..

2009-03-01 Thread Doug Mentohl
"Microsoft has brought a lawsuit against car navigation system manufacturer TomTom. The products in question incorporate Linux, and at least one of the seven patents involved concerns a Linux kernel implementation rather than TomTom's own software. Is this Microsoft's first direct salvo against

Re: German court invalidates FAT patent ..

2009-03-01 Thread AES
In article , Rjack wrote: > > http://www.heise.de/english/newsticker/news/86141 > > From the heise article: > > "The plaintiff in the action before the Federal Patent Court had > argued that the subject matter of the challenged patent was prior > art or if not prior art per se could be easily

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack writes: Here's my citation: ...abandonment of a contract can be accomplished only through mutual assent of the parties, as demonstrated by positive and unequivocal conduct inconsistent with an intent to be bound [ no public link ] That citation will not help

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rahul Dhesi
Rjack writes: >Here's my citation: >...abandonment of a contract can be accomplished only through mutual >assent of the parties, as demonstrated by positive and unequivocal >conduct inconsistent with an intent to be bound [ no public link ] That citation will not help you. You are between

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread amicus_curious
"Thufir Hawat" wrote in message news:uxmql.16489$l71.15...@newsfe23.iad... On Fri, 27 Feb 2009 09:05:35 -0500, amicus_curious wrote: "Thufir Hawat" wrote in message news:1blpl.46156$ci2.13...@newsfe09.iad... On Thu, 26 Feb 2009 15:26:56 -0500, amicus_curious wrote: Does the binary file w

Re: Copyright Misuse Doctrine in Apple v. Psystar

2009-03-01 Thread Rjack
Rahul Dhesi wrote: Rjack writes: Here's a nice link from Australia (which follows English common law same as in the US) that explains the difference: http://law.anu.edu.au/COLIN/Lectures/frust.htm ... Here's a nice citation from the Second Circuit that demonstrates that a "termination" of