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Re: Microsoft needs a help strategy

From: Rjack
Subject: Re: Microsoft needs a help strategy
Date: Wed, 28 Jan 2009 17:02:26 -0500
User-agent: Thunderbird (Windows/20081209)

Hyman Rosen wrote:
Rjack wrote:
Verizon told them to kiss their ass and the only result was a voluntary dismissal WITH PREJUDICE. Hasn't Alexander taught you anything at all?

Verizon provides a download link for firmware for routers manufactured
by Actiontec. Actiontec makes the GPLed sources available. The Verizon
URL contains the words "actiontec gateway", and without knowing the
details of what is going on at Verizon, it is difficult to say whether
Verizon is violating the GPL or not, and whether it is doing so in a way
that a court would find problematic.

This is a very slim hope to hang GPL opposition upon.

Yeh... While you hang your hopes of GPL validity on the word of Eben Moglen, the crackpot who announced "licenses are not contracts".

This pronouncement is in defiance of eighty years of federal jurisprudence holding a license to be a contract:

-- "Whether express or implied, a license is a contract 'governed
by ordinary principles of state contract law.'"; McCoy v.
Mitsuboshi Cutlery, Inc., 67. F.3d 917, (United States Court of
Appeals for the Federal Circuit 1995) --

-- "Although the United States Copyright Act, 17 U.S.C.  101-
1332, grants exclusive jurisdiction for infringement claims to the
federal courts, those courts construe copyrights as contracts and
turn to the relevant state law to interpret them."; Automation by
Design, Inc. v. Raybestos Products Co., 463 F.3d 749, (United
States Court of Appeals for the Seventh Circuit 2006) --

so pinning your hopes on a crackpot like Moglen is slim hope indeed.

Rjack :)

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