Re: Wallace's reply brief

2006-08-07 Thread Alexander Terekhov
Ferd Burfel wrote: [...] > >> profit from the exGPL code. As if the copyrights on that code are > >> somehow dissolved as well. > > > > Sort of. > > Care to explain? Google "copyright impotence". See also http://groups.google.com/group/gnu.misc.discuss/msg/d5b004fb9a42c44c regards, alexande

Re: Wallace's reply brief

2006-08-05 Thread David Kastrup
"Ferd Burfel" <[EMAIL PROTECTED]> writes: > "David Kastrup" <[EMAIL PROTECTED]> wrote in message > news:[EMAIL PROTECTED] >> Uh, you can't blame Stallman for the fantasies people have about >> his goals. > > I don't. In my opinion, he has some rather radical ideas. But some > of his "followers"

Re: Wallace's reply brief

2006-08-05 Thread Ferd Burfel
"David Kastrup" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > Uh, you can't blame Stallman for the fantasies people have about his > goals. I don't. In my opinion, he has some rather radical ideas. But some of his "followers" are more radical, and I don't blame him for their pu

Re: Wallace's reply brief

2006-08-04 Thread John Hasler
Ferd Burfel writes: > No, he doesn't. But all a win in IBM et.al. would do for him would be to > have an injunction against IBM et.al., "strangers may do as they > please,". He may regret pointing that out. > To get at the GPL, he would have to win against FSF. That would only get him an injunc

Re: Wallace's reply brief

2006-08-04 Thread David Kastrup
"Ferd Burfel" <[EMAIL PROTECTED]> writes: > What you don't seem to "get", is that the fact that people disagree > with Wallace, and yourself, is not an indication that they don't > understand the arguments. On the contrary, they do understand them, > they just disagree with them. I personally ha

Re: Wallace's reply brief

2006-08-04 Thread Ferd Burfel
"Alexander Terekhov" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > > Ferd Burfel wrote: > [...] >> Ah, so we finally hit upon your disagreement with the GPL: It doesn't >> allow >> people to take the work of others (that they obtained for no charge) and >> turn around and make a

Re: Wallace's reply brief

2006-08-04 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes: > John Hasler wrote: >> >> David Kastrup wrote: >> > Last time I looked, he was not out for selling his copyright, so he is >> > _not_ intending to charge for his IP, but for _licensing_ his IP. >> >> It's hard to tell for sure, but it appears to me

Re: Wallace's reply brief

2006-08-04 Thread Alexander Terekhov
John Hasler wrote: > > David Kastrup wrote: > > Last time I looked, he was not out for selling his copyright, so he is > > _not_ intending to charge for his IP, but for _licensing_ his IP. > > It's hard to tell for sure, but it appears to me that what he wants to do > is sell copies and _not_ li

Re: Wallace's reply brief

2006-08-04 Thread John Hasler
David Kastrup wrote: > Last time I looked, he was not out for selling his copyright, so he is > _not_ intending to charge for his IP, but for _licensing_ his IP. It's hard to tell for sure, but it appears to me that what he wants to do is sell copies and _not_ license his IP. > The problem is tha

Re: Wallace's reply brief

2006-08-04 Thread Alexander Terekhov
David Kastrup wrote: [...] > Last time I looked, he was not out for selling his copyright, so he is > _not_ intending to charge for his IP, but for _licensing_ his IP. Uh. You're a real idiot. Copyright is a BUNDLE of rights. The outright transfers of ownership of ALL rights (copyright) is not a

Re: Wallace's reply brief

2006-08-04 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes: > David Kastrup wrote: > [...] >> Yes, that is what "the physical act of transferring a copy" is all > > That is what 17 USC 109 is a about, stupid. > > Wallace wants to charge royalties for IP, not "the physical act of > transferring a copy". Last

Re: Wallace's reply brief

2006-08-04 Thread Alexander Terekhov
David Kastrup wrote: [...] > Yes, that is what "the physical act of transferring a copy" is all That is what 17 USC 109 is a about, stupid. Wallace wants to charge royalties for IP, not "the physical act of transferring a copy". regards, alexander. _

Re: Wallace's reply brief

2006-08-04 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes: > John Hasler wrote: >> >> Ferd Burfel writes: >> > Ah, so we finally hit upon your disagreement with the GPL: It doesn't >> > allow people to take the work of others (that they obtained for no >> > charge) and turn around and make a commerical produ

Re: Wallace's reply brief

2006-08-04 Thread Alexander Terekhov
John Hasler wrote: > > Ferd Burfel writes: > > Ah, so we finally hit upon your disagreement with the GPL: It doesn't > > allow people to take the work of others (that they obtained for no > > charge) and turn around and make a commerical product out of it. > > Yes it does. What it does not allo

Re: Wallace's reply brief

2006-08-04 Thread Alexander Terekhov
Ferd Burfel wrote: [...] > Ah, so we finally hit upon your disagreement with the GPL: It doesn't allow > people to take the work of others (that they obtained for no charge) and > turn around and make a commerical product out of it. And I suppose you Yep. > think that if Wallace is somehow suc

Re: Wallace's reply brief

2006-08-03 Thread John Hasler
Ferd Burfel writes: > Ah, so we finally hit upon your disagreement with the GPL: It doesn't > allow people to take the work of others (that they obtained for no > charge) and turn around and make a commerical product out of it. Yes it does. What it does not allow is a _closed source_ product. --

Re: Wallace's reply brief

2006-08-03 Thread Ferd Burfel
"Alexander Terekhov" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > > And only the GPL. The GPL is the only choice to obtain rights to property > locked in the GPL pool (don't confuse it with non-bazaar models a la MySQL > and Trolltech where no GPL-only forks exist). The GPL doesn

Re: Wallace's reply brief

2006-08-03 Thread Alexander Terekhov
Ferd Burfel wrote: [...] > That's all fine and dandy, too. But a third-party choosing to accept the > terms of the license is no longer a stranger, and becomes a party to it. True. > > > 92. It can be argued that this might change if, in effect, no third > > party can avoid being bound by the

Re: Wallace's reply brief

2006-08-02 Thread Ferd Burfel
"Ferd Burfel" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > > "Alexander Terekhov" <[EMAIL PROTECTED]> wrote in message > news:[EMAIL PROTECTED] >> >> Ferd Burfel wrote: > > Something like the way no third-party can avoid being bound by the terms > of the GPL in order to receive

Re: Wallace's reply brief

2006-08-02 Thread Ferd Burfel
"Alexander Terekhov" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > > Ferd Burfel wrote: > [...] >> A contract indeed can not bind a "non-party", but a "third-party" does >> NOT >> always equal "non-party". While a "third-party" that does not accept the >> terms of the license (o

Re: Wallace's reply brief

2006-08-02 Thread Alexander Terekhov
David Kastrup wrote: > > John Hasler <[EMAIL PROTECTED]> writes: > > > David Kastrup writes: > >> Well, the theory is that once you touch GPLed work, it jumps up and > >> magically gobbles up all of your portfolio. > > > > That describes SCO's interpretation of the SysV source licence. > > Well

Re: Wallace's reply brief

2006-08-02 Thread David Kastrup
John Hasler <[EMAIL PROTECTED]> writes: > David Kastrup writes: >> Well, the theory is that once you touch GPLed work, it jumps up and >> magically gobbles up all of your portfolio. > > That describes SCO's interpretation of the SysV source licence. Well, it is hard to say just _what_ is supposed

Re: Wallace's reply brief

2006-08-02 Thread John Hasler
David Kastrup writes: > Well, the theory is that once you touch GPLed work, it jumps up and > magically gobbles up all of your portfolio. That describes SCO's interpretation of the SysV source licence. -- John Hasler [EMAIL PROTECTED] Dancing Horse Hill Elmwood, WI USA __

Re: Wallace's reply brief

2006-08-02 Thread David Kastrup
Rui Miguel Silva Seabra <[EMAIL PROTECTED]> writes: > A small correction... > > Qua, 2006-08-02 às 09:32 +0100, Rui Miguel Silva Seabra escreveu: >> Qua, 2006-08-02 às 09:41 +0200, Alexander Terekhov escreveu: >> > (consider that over time, under "bazaar model" with long chain of >> > derivation

Re: Wallace's reply brief

2006-08-02 Thread Rui Miguel Silva Seabra
A small correction... Qua, 2006-08-02 às 09:32 +0100, Rui Miguel Silva Seabra escreveu: > Qua, 2006-08-02 às 09:41 +0200, Alexander Terekhov escreveu: > > (consider that over time, under "bazaar model" with long chain of > > derivation in derivative works and additions to collective works by > >

Re: Wallace's reply brief

2006-08-02 Thread Rui Miguel Silva Seabra
Qua, 2006-08-02 às 09:41 +0200, Alexander Terekhov escreveu: > (consider that over time, under "bazaar model" with long chain of > derivation in derivative works and additions to collective works by > different authors, GPL'd IP becomes practically locked within the GPL > pool) Funny. Correcti

Re: Wallace's reply brief

2006-08-02 Thread Alexander Terekhov
Ferd Burfel wrote: [...] > A contract indeed can not bind a "non-party", but a "third-party" does NOT > always equal "non-party". While a "third-party" that does not accept the > terms of the license (or is not even aware of it) would be a "non-party", a > "third-party" that DOES accept the licen

Re: Wallace's reply brief

2006-08-01 Thread Ferd Burfel
"David Kastrup" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > Alexander Terekhov <[EMAIL PROTECTED]> writes: > >> By definition a third party is a stranger to a contract. ("It goes >> without saying that a contract cannot bind a nonparty.") (EEOC V. >> Waffle House, Inc., 534 U.S.

Re: Wallace's reply brief

2006-08-01 Thread Rui Miguel Silva Seabra
Ter, 2006-08-01 às 21:25 +0200, Alexander Terekhov escreveu: > David Kastrup wrote: > [...] > > This alone is such a hilarious piece of nonsense. Any copyright > > license applies to all legal recipients of the licensed material. > > void f(const std::string & email_address) { > if (email_addre

Re: Wallace's reply brief

2006-08-01 Thread Alexander Terekhov
David Kastrup wrote: [...] > This alone is such a hilarious piece of nonsense. Any copyright > license applies to all legal recipients of the licensed material. void f(const std::string & email_address) { if (email_address == "[EMAIL PROTECTED]") throw A_Real_Idiot("David Kastrup"); .

Re: Wallace's reply brief

2006-08-01 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes: > By definition a third party is a stranger to a contract. (“It goes > without saying that a contract cannot bind a nonparty.”) (EEOC V. > Waffle House, Inc., 534 U.S. 279, 294 (2002)). The contract term > that purports to control (without privity) th

Wallace's reply brief (was: IBM's appellee brief in Wallace case)

2006-08-01 Thread Alexander Terekhov
i TABLE OF CONTENTS TABLE OF CONTENTS .. i TABLE OF AUTHORITIES . ii ARGUMENT ..