the same way he treats Boycottnovell: he
doesn't read it, but jumps to its defense at nearly every opportunity.
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:
http://www.opensource.apple.com/
Why does it matter that they weren't *forced* to do that?
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://www.openwatcom.org/index.php/Main_Page
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, that version is an improvised piano version, so it is
arguable that the preferred form of the work for modifying it is the
recording itself. In other words, that is arguable being distributed in
source form.
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.
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sales, which a forked
version would not have, since only Oracle will be able to sell
commercial licenses.
The one you mention, incompatibility with GPLv3, is the second reason
discussed.
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contributions - more so than on in-company
development - the lack of a more flexible license for MySQL will
present considerable barriers to a new forked development path for
MySQL.
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on which KDE ran.
But the FSF threw a fit over this, until the makers of Qt changed the
license.
Huh? Qt was not merely licensed non-GPL but non-free. KDE relied on
It was not non-free.
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component exception?
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was taught using the Socratic method,
and when it was my day to be grilled by the professor, that is the very
question he chose to torture me with. Thanks for bringing up that
horrible memory! :-)
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is incredibly large and diverse, so you need to find the
particular corner of that universe that you are interested in before
getting down to the nitty gritty of specific recommendations from people.
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.
However, that evening at home, my comment was visible! Checked again at
work the next day, and it was gone...and it was there again from home.
Looks like it is going it by IP address, so I could see it from the
original IP address, but people at other addresses could not see it.
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is where Psystar gets
the money to fight, and it was provided as an attack on Apple. Quit a
few on Groklaw think that's good enough to take Apple's side without
question.
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-estate-mortgage
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state and country when handling a contract or license case.
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.
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comes from the copyright owner, not the non-exclusive
licensee who conveys the work. That's why only the copyright owner has
standing to sue over a GPL violation.
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is making an OFFER to
everyone, which they accept by actually acquiring a copy of your
software (or, more likely, by distributing it or modifying it).
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time?
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In article reply_in_group-a4c678.16223718072...@news.supernews.com,
Tim Smith reply_in_gr...@mouse-potato.com wrote:
Suppose I create a copyrighted work. I release it under a license such
as GPLv2. You use it, in a way that requires permission of the copyright
holder, but is in accord
In article _sl8m.52996$9p.25...@newsfe08.iad,
Hyman Rosen hyro...@mail.com wrote:
Tim Smith wrote:
I wonder how many open source projects provide a written instrument
signed by the copyright owner?
The GPL http://www.fsf.org/licensing/licenses/gpl.html says
All rights granted
In article xdm8m.53010$9p.38...@newsfe08.iad,
Hyman Rosen hyro...@mail.com wrote:
Tim Smith wrote:
Industry practice overrides a statutory requirement for a signature?
I think so. In any case, there is also 17 USC 203:
http://www.copyright.gov/title17/92chap2.html#203
(3
In article 87zlb0cqeg@thumper.dhh.gt.org,
John Hasler j...@dhh.gt.org wrote:
Tim Smith writes:
Industry practice overrides a statutory requirement for a signature?
The USA has no such statutory requirement (I assume that by signature you
mean an autograph signature. One can make
In article 87my70cekt@thumper.dhh.gt.org,
John Hasler j...@dhh.gt.org wrote:
I wrote:
The USA has no such statutory requirement (I assume that by signature
you mean an autograph signature. One can make a legally-binding
commitment without putting pen to paper.)
Tim Smith writes
(a).
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could put that quote he gave into Google, and it will find the
article on Moglen's site.
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In article ym75m.14678$%02.3...@newsfe15.iad,
Hyman Rosen hyro...@mail.com wrote:
Tim Smith wrote:
In article mi%4m.53088$oo7.43...@text.news.virginmedia.com,
7 website_has_em...@www.enemygadgets.com wrote:
Rjack the stupid 1 wrote:
Will it be GPL licensed
It is GPL'd.
By what
In article 4a561002$0$7972$a729d...@news.telepac.pt,
Rui Maciel rui.mac...@gmail.com wrote:
Tim Smith wrote:
Which means the kernel will be GPL.
The OS kernel is a major component of any operating system. Some
people even defend that the kernel is the OS. So that must count
In article mi%4m.53088$oo7.43...@text.news.virginmedia.com,
7 website_has_em...@www.enemygadgets.com wrote:
Rjack the stupid 1 wrote:
Will it be GPL licensed
It is GPL'd.
By what psychic power did you ascertain this? All Google says is that it
will be open source.
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, would it be acceptable to put that source code
in another missile and fire that at the terrorist, since that is the
manner the original software was distributed?
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of the server code author have I potentially infringed?
I'm not copying, distributing, or making a derivative work of any of his
server code, so why do I care about whatever copyright license the
server code is under?
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a student has wasted a lot of valuable time writing
up a long analysis of that contract, instead of writing the correct
answer: the contract is not applicable.
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In article slrnh05ntl.6u0.j...@nomad.mishnet,
JEDIDIAH j...@nomad.mishnet wrote:
On 2009-05-07, Tim Smith reply_in_gr...@mouse-potato.com wrote:
In article slrnh04da1.43u.j...@nomad.mishnet,
JEDIDIAH j...@nomad.mishnet wrote:
No, the question is whether or not code that is entirely
In article iq5ml.36996$i9.33...@bignews7.bellsouth.net,
Chris Ahlstrom ahlstr...@launchmodem.com wrote:
After takin' a swig o' grog, Tim Smith belched out
this bit o' wisdom:
In article 58_ll.37296$9a.27...@bignews1.bellsouth.net,
Chris Ahlstrom ahlstr...@launchmodem.com wrote
the threads on the kernel list over whether
or not binary drivers in the kernel violate GPL? There are a fair
number of kernel developers (not to mention RMS and others from the FSF)
who think Linus does *not* understand GPL.
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the answer is (for
example, if you are accused of making a derivative work of X, and Y
exists, then you can simply claim you copied from Y, not X, and the
authors of X will probably have a hard time proving it was really X you
copied from).
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. They get decent performance there.
There's simply nothing in their experience to indicate that a live CD
should be slow, and there are things in their experience to indicate
that it could be fast.
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request,
and would be able to introduce that information into trial as part of
their rebuttal to the damages part of Microsoft's case.
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and testifies about).
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?
I drew no such conclusion. The only conclusion drawing has been from
you--you've concluded that because you don't know the details, it must
have been a tiny settlement.
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have to do with copyright law?
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in the ballpark of what
Microsoft normally licenses these patents for.
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be announcing the amount.
In reality, typically in a settlement over this kind of business
litigation, if one side wants the terms kept secret, the other side will
agree. Often, both sides want it secret.
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In article 873adra261@blp.benpfaff.org,
Ben Pfaff b...@cs.stanford.edu wrote:
Tim Smith reply_in_gr...@mouse-potato.com writes:
A lawsuit is very disruptive for both parties. Pretty much anyone, not
matter what side they are on, would rather have a suit that takes 2
years
notes, this is one of the most
popular internet acronyms, and it is almost impossible for anyone to
have the groups both of you read without having come across it numerous
times.
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district
might be becoming the next patent hot spot.
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the kind of monopoly that patents grant--if you want a
patent-type monopoly, you have to get a patent.
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In article y8idnq1hut3eo9zunz2dnuvz_uudn...@giganews.com,
Rjack u...@example.net wrote:
http://www.fsf.org/licensing/complaint-2008-12-11.pdf
Why would you expect a dismissal?
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owner, so again, I
don't have to care what GPL says.
Answering the do I need permission? question often requires figuring
out if you are making a derivative work or not.
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separate works: the game code, the individual works of
art, and the individual works of sound. Distributing them all together
would fall under the mere aggregation part of GPL.
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would be that a work that is eligible for copyright
protection becomes copyrighted as soon as it is written down.
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cartridge cases. Those are directly on
point for the linking makes a derivative work argument, and the courts
have pretty uniformly decided that they are not derivative works.
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.
Documents with those restrictions are not free by any principled
definition of free commonly used in the tech world. They may be free by
the FSF's definition of free, though, which seems to be whatever RMS
happens to think in this particular case.
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the non-NSA parts are under, but if you wanted to pick out
the NSA parts and do something with them that is against the GPL, that
would be fine.
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, it is offeree's performance that acts as
acceptance of the contract. If offeree does not perform, as specified
in the offer, there is no acceptance, and hence no contract.
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object, and whatever is necessary to
interface to it is not subject to copyright.
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.
The relevant question is whether or not X is a derivative work of Y, not
whether or not it depends on...in some manner.
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In article [EMAIL PROTECTED],
Ciaran O'Riordan [EMAIL PROTECTED] wrote:
Tim Smith [EMAIL PROTECTED] writes:
[Well, I skimmed it, but it was quickly obvious that a skim is all it
deserved.]
Can you give any specific criticism?
The meritlessness of that paper, at least insofar
In article [EMAIL PROTECTED],
Hyman Rosen [EMAIL PROTECTED] wrote:
Tim Smith wrote:
What does the success of Linux have to do with whether using different
pieces of software in combination in various ways involves the
derivative work preparation right?
There's not much precedent
?
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the success of Linux have to do with whether using different
pieces of software in combination in various ways involves the
derivative work preparation right?
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In article [EMAIL PROTECTED],
Hyman Rosen [EMAIL PROTECTED] wrote:
Tim Smith wrote:
If you are distributing your copies
What gave you the right to make copies?
GPL. For example, suppose I run a small business. I have 20 computers.
I want to install some GPL software on them Monday
and seeing if it is
accompanied with a written offer to provide the source. If it is, there
is nothing that says that if they choose to distribute by the web, it
has to be from a verizon.com web site.
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are unlawful. The court
would see this as trying to cheat on the license, and find some way in
equity to bitch slap me.
But that's not my hypothetical--in my hypothetical there was never any
intent to cheat.
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, making derivative works, distribution, displaying, and
performing).
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to either be a
separate file that comes with the GPL file(s), or it has to be bundle
with the GPL file(s) in an archive format that is reasonably common
(zip, tarball, etc).
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the copy is made, or can it depend
on later events?
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In article [EMAIL PROTECTED],
Hyman Rosen [EMAIL PROTECTED] wrote:
Tim Smith wrote:
1. Acquire a lawful copy of a GPL binary. Doesn't matter how--download
it from somewhere, compile it from source, whatever.
2. Make copies of the binary. GPL says this is OK.
3. Sell or give away those
participated in an
exercise of first sale rights. Without the first sale doctrine, you'd
be violating the copyright owner's distribution rights!
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. We'd be seeing sanctions by now, probably. Thus, I infer
that the copyrights must be registered).
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, with
the notable difference that it is only for the case where you distribute
the object code on a physical medium.
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to put in the box.
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be violating GPL, so that won't fly.
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that once the record company gave them away,
first sale applied. It doesn't matter that they were gifts.
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/comp.os.linux.advocacy/msg/1569a83d255fb3be?hl=endmode=source
http://groups.google.com/group/comp.os.linux.advocacy/msg/1569a83d255fb3
be?hl=endmode=source
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. Maybe that provides a saving
throw--if someone tries to blatantly circumvent by making copies and
distributing under first sale, you sue them in a jurisdiction that would
treat GPL as a contract).
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imagine a situation where the copyright ends up
owned by the government of a small country, and some natural disaster
completely wipes that country off the face of the earth. Presumably,
the code would then be public domain.
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, and pretty much ignore the source CD that comes with it.
Anyway, I think First Sale is going to become a big deal in the world of
free software licensing. I'm surprised how little discussion there has
been of this.
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explain what is going on here? Is the search at
www.copyright.gov not up to date? Are the defendants not bothering to
check because they just assume the work must have been registered? Is
Busybox actually a non-US Berne work?
--
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polymorphism, passing objects by reference,
and templates. There is nothing forcing someone who writes a kernel in
C++ to do those (possibly) questionable things.
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less
speculation.
Under that analysis, P expected to make $0 off of D's use of the
software, so I don't think it is likely the court would award much more
than that.
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.
If P prevails, D will be ordered to stop infringing.
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.
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modification as being any change from the original.
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of wits. Somewhat annoying, but what do you expect?
He's quoting a post of mine on Slashdot. Could you be so kind as to
tell me where you think I'm wrong in that post?
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was made available on Actiontec's web
site prior to the lawsuit? It wasn't there on the latest archived
version of the site from before the lawsuit at archive.org. The date
listed for it on the site is well after the lawsuit, too.
--
--Tim Smith
a good bet
the unilateral 41(a)1 is being used by the plaintiffs.
So? Why do you think it significant that no stipulation was filed? If
the prerequisites of 41(a)(1)(A)(i) were met, why would they not use
that section, and make the simpler, smaller, filing?
--
--Tim Smith
, and the money has
been paid and the source is now available, what is there to potentially
be breached? The plaintiffs got all they wanted, so there's nothing
left for them to ask the court to order.
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, then SFLC sued, then
source became available, and SFLC dropped the suit.
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pleadings are defective on their face due to lack
of Copyright Office registration of the allegedly infringed works.
The lack of a public settlement stipulation by both parties
reinforces this scenario.
Yet the source then appeared, which is what SFLC wanted.
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in a copyright infringement case, the lawsuit
is dismissed with prejudice.
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infringement.
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the document! :-)
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was not under
41(a)(1)(A)(i)?
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is valid and you are
the owner, which is a nice thing to have).
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interface,
linking the GPLed library in stops being a necessary step for the
recipient for getting working software.
It was never a necessary step. The software was fully functional
without using any GPLed libraries.
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, there never seem
to be either cases or statutes that back his position?
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* arguments. The FSF and RMS make a lot
of legal-sounding arguments that appear to actually be them stating what
they wish the law to be, using terms somewhat similar to, not not always
the same as, real legal terms.
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In article [EMAIL PROTECTED], Miles Bader [EMAIL PROTECTED]
wrote:
Tim Smith [EMAIL PROTECTED] writes:
Is there any particular reason for all that FUD here, rather than in a
group where it would be on topic?
Why is it FUD?
The patent risk claims require reading the OSP in a way
.
Why doesn't Sun actually free ODF: promise not to assert their relevant
patents against any document format, and turn *real* control of ODF over
to OASIS? Do you have any upcoming protests or marches or whatever to
urge Sun to do this?
--
--Tim Smith
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