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Re: Moglen Ravicher LLC -- initial client and initial target

From: rjack
Subject: Re: Moglen Ravicher LLC -- initial client and initial target
Date: Thu, 27 Mar 2008 14:33:48 -0400
User-agent: Thunderbird (Windows/20080213)

It's now all about Moglen Ravicher LLC enforcing CLIENT'S "rights" and not infringement actions:

---[begin quote]
"From the CLIENT “Oh, Watchtower told us that they used some open source apps but did not mention as to what they used”. When I brought up the fact that parts of Watchtower are based on OpenNMS, the CLIENT replied “I could not find one ounce of mention on their website to OpenNMS or any other Open Source code that is running on this product. That really irritates me.”

I should also mention that this CLIENT is in final negotiations with
Cittio (they dropped their initial price considerably) so we’re not
talking a first contact cold call here - they are ready to close this
deal without a single detail concerning their use of open source".
---[end quote]

I have previously pointed to the fact that the GPL was a contract with
third party beneficiaries (CLIENTS) and as such the original licensor and licensee of Gpl'd code had absolutely no legal standing to complain about benefits directed to all "third parties" (CLIENTS).

GPL sec. 2) b):
"You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License."

The Verizon case demonstrated this fact concerning lack of legal standing. The SFLC could either dismiss their silly suit "WITH PREDJUDICE" or face the pain of paying Verizon's attorney fees and costs.

To wit:  CIVIL DOCKET FOR CASE #: 1:07-cv-11070-LT
"03/17/2008 10  NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Rule 41(a)(1)
of the F.R.C.P., plaintiffs Erik Andersen and Rob Landley hereby dismiss
this action against defendant Verizon Communications Inc. WITH

It is ironic to note that the legal threats from "Ravicher Moglen LLC" have morphed into third party beneficiary (CLIENT) contractual claims under the GPL, since infringement actions pursuant to the GPL are without legal standing. --- This from barristers who built their impeccable, world famous reputations declaring "The GPL is a license NOT a contract":

"This right to exclude implies an equally large power to license—that is, to grant permission to do what would otherwise be forbidden. Licenses are not contracts: the work's user is obliged to remain within the bounds of the license not because she voluntarily promised, but because she doesn't have any right to act at all except as the license permits." -- Eben Moglen

I wonder if Eben Moglen was with Hillary Clinton in Bosnia during the heavy sniper fire?

Rjack :)

--- The GPL is a License, Not a Contract, Which is Why the Sky Isn't Falling
Sunday, December 14 2003 @ 09:06 PM EST --- Pamela Jones

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