Discussion:
US court says software is owned, not licensed
(too old to reply)
Alexander Terekhov
2009-10-10 12:44:38 UTC
Permalink
Nigel Feltham wrote:
[...]
> The only permission you have to make any extra copies of busybox is that
> provided by the GPL in exchange for following it's rules which specify that
> source has to be provided.

But that's pure license/contract breach claim, not copyright
infringement. Consider also

http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=437

"Public Citizen represents an eBay vendor in a case against Autodesk, a
California-based software company. ... Although Autodesk claims that its
shrink-wrap license prohibits resale of its products, Public Citizen
argues that the contract language is unlawful under the Copyright Act,
which guarantees that the owner of a copyrighted product can resell that
product without permission. "

Well, Public Citizen won! ;-)

Oh, BTW,

"Because Public Citizen does not accept funds from corporations,
professional associations or government agencies, we can remain
independent and follow the truth wherever it may lead. But that means we
depend on the generosity of concerned citizens like you for the
resources to fight on behalf of the public interest. If you would like
to help us in our fight, click here. "

http://www.citizen.org/join/

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Nigel Feltham
2009-10-10 14:09:49 UTC
Permalink
Alexander Terekhov wrote:

>
> Nigel Feltham wrote:
> [...]
>> The only permission you have to make any extra copies of busybox is that
>> provided by the GPL in exchange for following it's rules which specify
>> that source has to be provided.
>
> But that's pure license/contract breach claim, not copyright
> infringement. Consider also
>
> http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=437

It's both - copying software without permission is a copyright infringement
and the only thing that gives you permission to do any copying of GPL
software that isn't provided as part of normal copyright law is the GPL
licence. If you breach the terms of the license then you no longer have
permission to distribute copies of the software (other than on media
provided by the copyright holder) so are infringing copyright law as well.

This is the main reason companies who breach the terms of the GPL are
normally so quick to resolve the situation (where just letting customers
know where to get the source is enough) - until they comply with the
licence they are distributing copies of the software without permission of
the copyright holder and just giving customers a link to a sourcecode
website is far easier than risking ending up in a copyright infringement
court.

This is also the main reason SCO chickened out of their attempt to
invalidate the GPL - they presumably realised that if the GPL is invalid
then they never had permission to distribute the code and had committed
mass piracy of every GPL licenced product they've ever distributed. Either
the licence is valid and they're complying with it's terms or they're
pirates, hard to argue that the licence doesn't exist under those
circumstances.
Alexander Terekhov
2009-10-10 14:49:01 UTC
Permalink
(Sorry for repetition.)

http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=437

"Public Citizen represents an eBay vendor in a case against Autodesk, a
California-based software company. ... Although Autodesk claims that its
shrink-wrap license prohibits resale of its products, Public Citizen
argues that the contract language is unlawful under the Copyright Act,
which guarantees that the owner of a copyrighted product can resell that
product without permission. "

Well, Public Citizen won in district court... it might be appealed...

"Because Public Citizen does not accept funds from corporations,
professional associations or government agencies, we can remain
independent and follow the truth wherever it may lead. But that means we
depend on the generosity of concerned citizens like you for the
resources to fight on behalf of the public interest. If you would like
to help us in our fight, click here. "

http://www.citizen.org/join/

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Robert Heller
2009-10-10 14:51:08 UTC
Permalink
At Sat, 10 Oct 2009 15:09:49 +0100 Nigel Feltham <***@btinternet.com> wrote:

>
> Alexander Terekhov wrote:
>
> >
> > Nigel Feltham wrote:
> > [...]
> >> The only permission you have to make any extra copies of busybox is that
> >> provided by the GPL in exchange for following it's rules which specify
> >> that source has to be provided.
> >
> > But that's pure license/contract breach claim, not copyright
> > infringement. Consider also
> >
> > http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=437
>
> It's both - copying software without permission is a copyright infringement
> and the only thing that gives you permission to do any copying of GPL
> software that isn't provided as part of normal copyright law is the GPL
> licence. If you breach the terms of the license then you no longer have
> permission to distribute copies of the software (other than on media
> provided by the copyright holder) so are infringing copyright law as well.

I think that the point of the citizen.org case (eBay vender vs
Autodesk), is that if you have A copy in your possesion, you have the
right to dispose of that copy (eg selling it). This is distint from
*making a copy* of the copy. The only way this is a copyright
infringement would be if you also had *made a copy* of the software
(which would probably include the copy made when installing the
software).

>
> This is the main reason companies who breach the terms of the GPL are
> normally so quick to resolve the situation (where just letting customers
> know where to get the source is enough) - until they comply with the
> licence they are distributing copies of the software without permission of
> the copyright holder and just giving customers a link to a sourcecode
> website is far easier than risking ending up in a copyright infringement
> court.
>
> This is also the main reason SCO chickened out of their attempt to
> invalidate the GPL - they presumably realised that if the GPL is invalid
> then they never had permission to distribute the code and had committed
> mass piracy of every GPL licenced product they've ever distributed. Either
> the licence is valid and they're complying with it's terms or they're
> pirates, hard to argue that the licence doesn't exist under those
> circumstances.
>

--
Robert Heller -- 978-544-6933
Deepwoods Software -- Download the Model Railroad System
http://www.deepsoft.com/ -- Binaries for Linux and MS-Windows
***@deepsoft.com -- http://www.deepsoft.com/ModelRailroadSystem/
Alexander Terekhov
2009-10-10 16:26:05 UTC
Permalink
Robert Heeler wrote:
[...]
> I think that the point of the citizen.org case (eBay vender vs
> Autodesk), is that if you have A copy in your possesion, you have the
> right to dispose of that copy (eg selling it). This is distint from
> *making a copy* of the copy.

But don't you own a legitimate "GPL'd" copy (after making a copy of the
copy pursuant to the GPI) just like in the former case, Heller?

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Robert Heller
2009-10-10 17:38:47 UTC
Permalink
At Sat, 10 Oct 2009 18:26:05 +0200 Alexander Terekhov <***@web.de> wrote:

>
>
> Robert Heeler wrote:
> [...]
> > I think that the point of the citizen.org case (eBay vender vs
> > Autodesk), is that if you have A copy in your possesion, you have the
> > right to dispose of that copy (eg selling it). This is distint from
> > *making a copy* of the copy.
>
> But don't you own a legitimate "GPL'd" copy (after making a copy of the
> copy pursuant to the GPI) just like in the former case, Heller?

READ THE REST OF MY POST!

If one has, for example, a shrink wrapped copy, never opened (and thus
never installed), it is perfectly legal to re-sell that copy. I
believe that was citizen.org's case. Once you install it (eg open the
box), then one 'has made a copy'. If you resell the box/CD/whatever,
someone ends up with a non-legal copy (assuming that the software in
question was not GPL or other open source, which was the case with the
eBay vender vs Autodesk case that citizen.org defended).

>
> regards,
> alexander.
>
> --
> http://gng.z505.com/index.htm
> (GNG is a derecursive recursive derecursion which pwns GNU since it can
> be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
> too, whereas GNU cannot.)
>

--
Robert Heller -- 978-544-6933
Deepwoods Software -- Download the Model Railroad System
http://www.deepsoft.com/ -- Binaries for Linux and MS-Windows
***@deepsoft.com -- http://www.deepsoft.com/ModelRailroadSystem/
Alexander Terekhov
2009-10-10 18:10:59 UTC
Permalink
Robert Heller wrote:
[...]
> If one has, for example, a shrink wrapped copy, never opened (and thus
> never installed), it is perfectly legal to re-sell that copy. I
> believe that was citizen.org's case. Once you install it (eg open the

Stop here, Heeler.

Don't you own a legitimate "GPL'd" copy (after making a copy of the
copy pursuant to the GPL) just like in the former case, Heeler?

WHO OWNS ALL THE COPIES YOU'VE MADE THANKS TO THE GPL, HEELER?

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
David Kastrup
2009-10-10 18:53:55 UTC
Permalink
Alexander Terekhov <***@web.de> writes:

> Robert Heller wrote:
> [...]
>> If one has, for example, a shrink wrapped copy, never opened (and thus
>> never installed), it is perfectly legal to re-sell that copy. I
>> believe that was citizen.org's case. Once you install it (eg open the
>
> Stop here, Heeler.
>
> Don't you own a legitimate "GPL'd" copy (after making a copy of the
> copy pursuant to the GPL) just like in the former case, Heeler?

An authorized copy. The authorization was bound to conditions. They
don't fall away suddenly.

If you sell those physical copies, the recipient has indeed first sales
rights. But not you. Not to the copies you made under permission of
the GPL.

Is that a loophole for the GPL in US jurisdiction? Maybe, but
apparently not large enough to be attractive for setting up a business.

--
David Kastrup
Alexander Terekhov
2009-10-10 19:30:53 UTC
Permalink
David Kastrup wrote:
[...]
> Is that a loophole for the GPL in US jurisdiction? Maybe, but
> apparently not large enough to be attractive for setting up a business.

Dak, dak, dak, how do you know that? Please share with us the
methodology of your study regarding "not large enough to be attractive
for setting up a business", stupid dak.

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
David Kastrup
2009-10-10 19:42:58 UTC
Permalink
Alexander Terekhov <***@web.de> writes:

> David Kastrup wrote:
> [...]
>> Is that a loophole for the GPL in US jurisdiction? Maybe, but
>> apparently not large enough to be attractive for setting up a business.
>
> Dak, dak, dak, how do you know that? Please share with us the
> methodology of your study regarding "not large enough to be attractive
> for setting up a business", stupid dak.

The GPL has been around for a few dozen years, the GPL software market
is worth billions by now, and there is no known business making use of
that purportive loophole. That's what "apparently" means.

In an accordion, notes sound on both push and pull, but the
free-swinging reeds work unidirectionally, so there are always pairs of
them. In order not to lose too much air, opposite of each reed there is
a strip of foil or leather that closes off air flowing past the
non-active reed. They are important, or the sound breaks down.
However, the highest reeds are without such valves: they are so small
that the escaping air past the passive reed causes less disturbance than
having to move a valve would.

And the "loophole" in the GPL would seem to be the same: the measures
needed for closing it would likely do more harm than good. Since nobody
bothers "exploiting" it, so what?

In addition, first sale is not part of the Berne convention, so we are
not even talking about something easily addressed in an internationally
applicable license.

Now I would not put it past you to try to set up a business centered
around this purportive loophole. But nobody in his right mind would
care to do important business with you anyway. You come across as far
too willing to take unnecessary risks. Your compulsive desire to prove
yourself clever and the rest of the world stupid is simply too dangerous
in a business partner.

And as long as only your type is interested in that sort of thing, it
would appear to be academical in real life, clever Alexander Terekhov.

--
David Kastrup
amicus_curious
2009-10-11 13:59:51 UTC
Permalink
"David Kastrup" <***@gnu.org> wrote in message
news:***@lola.goethe.zz...
>
>
> Now I would not put it past you to try to set up a business centered
> around this purportive loophole. But nobody in his right mind would
> care to do important business with you anyway. You come across as far
> too willing to take unnecessary risks. Your compulsive desire to prove
> yourself clever and the rest of the world stupid is simply too dangerous
> in a business partner.
>
Very few have ever succeeded in any business centered around open source
software. Granted that many businesses use open source software as a part
of their product offering, they only use it where there is no advantage to
be obtained in offering anything proprietary. There is nothing in the open
source world to differentiate it successfully on a commercial basis. Open
source software is much like the forks used within a successful steak house.
They are absolutely necessary since almost no one would be willing to have
to eat with their fingers, but no one patronizes the establishment due to
the reliability of the business's forks. They go for the sizzle.

The GPL suffers on occasion because they periodically insist that the steak
house proprietor acknowledge the source of the forks and must feature some
accolade prominently in the house menu.
David Kastrup
2009-10-11 14:48:10 UTC
Permalink
"amicus_curious" <***@sti.net> writes:

> "David Kastrup" <***@gnu.org> wrote in message
> news:***@lola.goethe.zz...
>>
>>
>> Now I would not put it past you to try to set up a business centered
>> around this purportive loophole. But nobody in his right mind would
>> care to do important business with you anyway. You come across as
>> far too willing to take unnecessary risks. Your compulsive desire to
>> prove yourself clever and the rest of the world stupid is simply too
>> dangerous in a business partner.
>>
> Very few have ever succeeded in any business centered around open
> source software.

More than those in any business centered against open source software.
Most of the openings against open source software appear to be in Usenet
trolling. The former is a billion dollar market. The latter does not
appear to feed more than a handful of people. And they occupy
identities like busy Potemkin villagers.

--
David Kastrup
amicus_curious
2009-10-11 16:54:47 UTC
Permalink
"David Kastrup" <***@gnu.org> wrote in message
news:***@lola.goethe.zz...
> "amicus_curious" <***@sti.net> writes:
>
>> "David Kastrup" <***@gnu.org> wrote in message
>> news:***@lola.goethe.zz...
>>>
>>>
>>> Now I would not put it past you to try to set up a business centered
>>> around this purportive loophole. But nobody in his right mind would
>>> care to do important business with you anyway. You come across as
>>> far too willing to take unnecessary risks. Your compulsive desire to
>>> prove yourself clever and the rest of the world stupid is simply too
>>> dangerous in a business partner.
>>>
>> Very few have ever succeeded in any business centered around open
>> source software.
>
> More than those in any business centered against open source software.
> Most of the openings against open source software appear to be in Usenet
> trolling. The former is a billion dollar market. The latter does not
> appear to feed more than a handful of people. And they occupy
> identities like busy Potemkin villagers.
>
What use do you anticipate for pulling something that stupid out of thin
air? You folk seem to think that a mere sneer is an adequate response to
anything that you cannot answer otherwise. That is why you are still in
last place.
David Kastrup
2009-10-11 17:52:13 UTC
Permalink
"amicus_curious" <***@sti.net> writes:

> "David Kastrup" <***@gnu.org> wrote in message
> news:***@lola.goethe.zz...
>> "amicus_curious" <***@sti.net> writes:
>>
>>> Very few have ever succeeded in any business centered around open
>>> source software.
>>
>> More than those in any business centered against open source
>> software. Most of the openings against open source software appear
>> to be in Usenet trolling. The former is a billion dollar market.
>> The latter does not appear to feed more than a handful of people.
>> And they occupy identities like busy Potemkin villagers.
>>
> What use do you anticipate for pulling something that stupid out of
> thin air?

Well, there is not much more than thin air which the stupid feed upon.
So where else should I pull them out of? I agree that there is not much
use for them, but they are so droll.

> You folk seem to think that a mere sneer is an adequate response to
> anything that you cannot answer otherwise.

There was something to answer?

> That is why you are still in last place.

Last according to your values is not the worst place to be.

--
David Kastrup
Alan Mackenzie
2009-10-11 18:14:35 UTC
Permalink
In gnu.misc.discuss amicus_curious <***@sti.net> wrote:

> "David Kastrup" <***@gnu.org> wrote in message
> news:***@lola.goethe.zz...
>> "amicus_curious" <***@sti.net> writes:

>>> "David Kastrup" <***@gnu.org> wrote in message
>>> news:***@lola.goethe.zz...


>>>> Now I would not put it past you to try to set up a business centered
>>>> around this purportive loophole. But nobody in his right mind would
>>>> care to do important business with you anyway. You come across as
>>>> far too willing to take unnecessary risks. Your compulsive desire to
>>>> prove yourself clever and the rest of the world stupid is simply too
>>>> dangerous in a business partner.

>>> Very few have ever succeeded in any business centered around open
>>> source software.

>> More than those in any business centered against open source software.
>> Most of the openings against open source software appear to be in Usenet
>> trolling. The former is a billion dollar market. The latter does not
>> appear to feed more than a handful of people. And they occupy
>> identities like busy Potemkin villagers.

> What use do you anticipate for pulling something that stupid out of thin
> air? You folk seem to think that a mere sneer is an adequate response to
> anything that you cannot answer otherwise. That is why you are still in
> last place.

Well, what a comparison! I wonder who would come top in a "get a life"
poll - There're people like David, who write and maintain useful free
software. Then there're people like you, who spend their time and energy
beavering away through legal reports searching for something which can be
twisted to attack the GPL, or just posting general disparagement about
free software.

Tell me, curious friend, do you actually do anything positive and
constructive in your free time? Something which makes the world a better
place?

--
Alan Mackenzie (Nuremberg, Germany).
Rjack
2009-10-11 22:47:09 UTC
Permalink
Alan Mackenzie wrote:
>>> "amicus_curious" <***@sti.net> writes:

>> What use do you anticipate for pulling something that stupid out
>> of thin air? You folk seem to think that a mere sneer is an
>> adequate response to anything that you cannot answer otherwise.
>> That is why you are still in last place.
>
> Well, what a comparison! I wonder who would come top in a "get a
> life" poll - There're people like David, who write and maintain
> useful free software. Then there're people like you, who spend
> their time and energy beavering away through legal reports
> searching for something which can be twisted to attack the GPL, or
> just posting general disparagement about free software.
>
> Tell me, curious friend, do you actually do anything positive and
> constructive in your free time? Something which makes the world a
> better place?
>

Alan you have argued that the Usenet groups have been ruined by
trolls. Why do you keep posting in the groups? Why not trot on over to
Groklaw and post your little ad hominem snippets there (like you did
with Alexander)? The Groksters will reward you with slavish praise and
you'll be Pammy's official Pet of the Day. Why not leave the "ruined"
newsgroups to the trolls?

Sincerely,
Rjack
Alan Mackenzie
2009-10-12 09:43:19 UTC
Permalink
In gnu.misc.discuss Rjack <***@example.net> wrote:
> Alan Mackenzie wrote:

> Alan you have argued that the Usenet groups have been ruined by
> trolls. Why do you keep posting in the groups?

I was talking rather about this particular mailing list
(gnu-misc-***@gnu.org). I post here to correct FUD and
misinformation, particularly that intended to undermine confidence in the
GPL, and especially because the list is owned by the GNU project.

> Sincerely,
> Rjack

--
Alan Mackenzie (Nuremberg, Germany).
Rjack
2009-10-12 11:07:05 UTC
Permalink
Alan Mackenzie wrote:
> In gnu.misc.discuss Rjack <***@example.net> wrote:
>> Alan Mackenzie wrote:
>
>> Alan you have argued that the Usenet groups have been ruined by
>> trolls. Why do you keep posting in the groups?
>
> I was talking rather about this particular mailing list
> (gnu-misc-***@gnu.org). I post here to correct FUD and
> misinformation, particularly that intended to undermine confidence
> in the GPL, and especially because the list is owned by the GNU
> project.
>

What empowers you to define what FUD is?

Royal lineage?

Sincerely,
Rjack
amicus_curious
2009-10-12 00:41:27 UTC
Permalink
"Alan Mackenzie" <***@muc.de> wrote in message
news:hat7ab$2oop$***@colin2.muc.de...
> In gnu.misc.discuss amicus_curious <***@sti.net> wrote:
>
>> "David Kastrup" <***@gnu.org> wrote in message
>> news:***@lola.goethe.zz...
>>> "amicus_curious" <***@sti.net> writes:
>
>>>> "David Kastrup" <***@gnu.org> wrote in message
>>>> news:***@lola.goethe.zz...
>
>
>>>>> Now I would not put it past you to try to set up a business centered
>>>>> around this purportive loophole. But nobody in his right mind would
>>>>> care to do important business with you anyway. You come across as
>>>>> far too willing to take unnecessary risks. Your compulsive desire to
>>>>> prove yourself clever and the rest of the world stupid is simply too
>>>>> dangerous in a business partner.
>
>>>> Very few have ever succeeded in any business centered around open
>>>> source software.
>
>>> More than those in any business centered against open source software.
>>> Most of the openings against open source software appear to be in Usenet
>>> trolling. The former is a billion dollar market. The latter does not
>>> appear to feed more than a handful of people. And they occupy
>>> identities like busy Potemkin villagers.
>
>> What use do you anticipate for pulling something that stupid out of thin
>> air? You folk seem to think that a mere sneer is an adequate response to
>> anything that you cannot answer otherwise. That is why you are still in
>> last place.
>
> Well, what a comparison! I wonder who would come top in a "get a life"
> poll - There're people like David, who write and maintain useful free
> software.

Is that so? What software and why do you think it useful? I would rather
that he was able to make intelligent comments in regard to the topic thread,
of course, but I am always curious.

He made the rather audacious and totally unsupported statement that the "GPL
software market is worth billions by now" and he ducks and runs from the
challenge that his notion is simply false. When challenged he reverts to
calling me a troll and asserts that is answer enough. Perhaps the facts of
the matter would devastate his ego and he hides because of that, but
regardless of the reason, the response is worthless.


>Then there're people like you, who spend their time and energy
> beavering away through legal reports searching for something which can be
> twisted to attack the GPL, or just posting general disparagement about
> free software.
>
I think that you yourself are over sensitive as well. I do not "attack" the
GPL at all, nor am I disparaging free software. I have merely pointed out,
perhaps gleefully, that its tortured constructions have now resulted in a
sort of NOP status if/when the case under discussion here becomes widely
referenced. The GPL is what the GPL is and nothing that I do can directly
affect that.

I have taken pains to show where free software has a value and would have an
even greater value if it were ever free of the GPL as asserted in the
harassing tactics of the SFLC and FSF. I personally think that the GPL is a
diversion of focus on what really might help the world in general and, as
such, should be done away with along with the cultism evoked by Stallman
which similarly diverts attention from real issues.

> Tell me, curious friend, do you actually do anything positive and
> constructive in your free time? Something which makes the world a better
> place?
>
What if I did? Or what if I did not? Does that affect the intrinsic truth
of the issues raised here? Would you be happier with the idea if it were
presented by Stallman himself? Other credentialed open source leaders seem
to have taken a dim view of the FSF and the GPL shenanigans, too, for
example Linus himself or Eric Raymond.
David Kastrup
2009-10-12 07:06:48 UTC
Permalink
"amicus_curious" <***@sti.net> writes:

> "Alan Mackenzie" <***@muc.de> wrote in message
> news:hat7ab$2oop$***@colin2.muc.de...
>> In gnu.misc.discuss amicus_curious <***@sti.net> wrote:
>>
>>> "David Kastrup" <***@gnu.org> wrote in message
>>> news:***@lola.goethe.zz...
>>>> "amicus_curious" <***@sti.net> writes:
>>
>>>>> "David Kastrup" <***@gnu.org> wrote in message
>>>>> news:***@lola.goethe.zz...
>>
>>
>>>>>> Now I would not put it past you to try to set up a business centered
>>>>>> around this purportive loophole. But nobody in his right mind would
>>>>>> care to do important business with you anyway. You come across as
>>>>>> far too willing to take unnecessary risks. Your compulsive desire to
>>>>>> prove yourself clever and the rest of the world stupid is simply too
>>>>>> dangerous in a business partner.
>>
>>>>> Very few have ever succeeded in any business centered around open
>>>>> source software.
>>
>>>> More than those in any business centered against open source software.
>>>> Most of the openings against open source software appear to be in Usenet
>>>> trolling. The former is a billion dollar market. The latter does not
>>>> appear to feed more than a handful of people. And they occupy
>>>> identities like busy Potemkin villagers.
>>
>>> What use do you anticipate for pulling something that stupid out of thin
>>> air? You folk seem to think that a mere sneer is an adequate response to
>>> anything that you cannot answer otherwise. That is why you are still in
>>> last place.
>>
>> Well, what a comparison! I wonder who would come top in a "get a life"
>> poll - There're people like David, who write and maintain useful free
>> software.
>
> Is that so? What software and why do you think it useful?

I am participating with Emacs, TeX, AUCTeX. It appears useful because,
uh, people use it.

> I would rather that he was able to make intelligent comments in regard
> to the topic thread, of course,

Sorry if they are over your head...

> but I am always curious.
>
> He made the rather audacious and totally unsupported statement that
> the "GPL software market is worth billions by now" and he ducks and
> runs from the challenge that his notion is simply false.

Huh? There was no challenge. If there had been, it would have been
easy to counter. RedHat's market capitalization is 5.29billion at the
moment, their main product is RedHat Linux and an estimated 80%
(including the kernel) of any Linux distribution is under the GPL.

So "billions" is a rather conservative statement, as it suffices to
throw a single company into the ring for supporting that number.

> When challenged he reverts to calling me a troll and asserts that is
> answer enough. Perhaps the facts of the matter would devastate his
> ego and he hides because of that, but regardless of the reason, the
> response is worthless.

Better one response than the whole existence, I'd say.

--
David Kastrup
Rjack
2009-10-12 09:06:49 UTC
Permalink
David Kastrup wrote:

>> He made the rather audacious and totally unsupported statement
>> that the "GPL software market is worth billions by now" and he
>> ducks and runs from the challenge that his notion is simply
>> false.
>
> Huh? There was no challenge. If there had been, it would have
> been easy to counter. RedHat's market capitalization is
> 5.29billion at the moment, their main product is RedHat Linux and
> an estimated 80% (including the kernel) of any Linux distribution
> is under the GPL.
>
The statement concerned the "GPL software" market (i.e. proprietary
vs. non-proprietary) software. It is a category mistake to conflate
"software" market with "software services" market.


Sincerely,
Rjack
David Kastrup
2009-10-12 13:50:32 UTC
Permalink
Rjack <***@example.net> writes:

> David Kastrup wrote:
>
>>> He made the rather audacious and totally unsupported statement
>>> that the "GPL software market is worth billions by now" and he
>>> ducks and runs from the challenge that his notion is simply
>>> false.
>>
>> Huh? There was no challenge. If there had been, it would have
>> been easy to counter. RedHat's market capitalization is
>> 5.29billion at the moment, their main product is RedHat Linux and
>> an estimated 80% (including the kernel) of any Linux distribution
>> is under the GPL.
>>
> The statement concerned the "GPL software" market (i.e. proprietary
> vs. non-proprietary) software. It is a category mistake to conflate
> "software" market with "software services" market.

Huh? Since when? It would appear you are redefining "software market"
as "licensing fee collection market" in order to carry your argument.
But that's just stupid. Licensing fee collection is not even part of a
software engineer's job description.

--
David Kastrup
amicus_curious
2009-10-12 21:29:08 UTC
Permalink
"David Kastrup" <***@gnu.org> wrote in message
news:***@lola.goethe.zz...
> Rjack <***@example.net> writes:
>
>> David Kastrup wrote:
>>
>>>> He made the rather audacious and totally unsupported statement
>>>> that the "GPL software market is worth billions by now" and he
>>>> ducks and runs from the challenge that his notion is simply
>>>> false.
>>>
>>> Huh? There was no challenge. If there had been, it would have
>>> been easy to counter. RedHat's market capitalization is
>>> 5.29billion at the moment, their main product is RedHat Linux and
>>> an estimated 80% (including the kernel) of any Linux distribution
>>> is under the GPL.
>>>
Using the market cap of a producer to suggest the value to the market is
kind of a reach. Using the same logic, the market value of Windows and
Windows software is some 240 billion by contrast. No other company dealing
with open source software as a defining charactersitic even comes close to
Red Hat, so one could safely say that the combined market caps of proprietay
software companies focused on Windows, which would necessarily include hunks
of Oracle, Symantec, IBM, Intuit, and others, is a couple of orders of
magnitude greater than the GPL can muster, making it a rather small potato.

>> The statement concerned the "GPL software" market (i.e. proprietary
>> vs. non-proprietary) software. It is a category mistake to conflate
>> "software" market with "software services" market.
>
> Huh? Since when? It would appear you are redefining "software market"
> as "licensing fee collection market" in order to carry your argument.
> But that's just stupid. Licensing fee collection is not even part of a
> software engineer's job description.
>
>
But it is a very significant part of the value of software being sold in
commerce. As noted, the source of Red Hat's profits are the support
activities which are dependent on the existence of the GPL software in
Linux, but are distinctly separate and not particularly open at that. You
have to pay to play with Red Hat.
David Kastrup
2009-10-13 06:32:48 UTC
Permalink
"amicus_curious" <***@sti.net> writes:

> "David Kastrup" <***@gnu.org> wrote in message
> news:***@lola.goethe.zz...
>> Rjack <***@example.net> writes:
>>
>>> David Kastrup wrote:
>>>
>>>>> He made the rather audacious and totally unsupported statement
>>>>> that the "GPL software market is worth billions by now" and he
>>>>> ducks and runs from the challenge that his notion is simply
>>>>> false.
>>>>
>>>> Huh? There was no challenge. If there had been, it would have
>>>> been easy to counter. RedHat's market capitalization is
>>>> 5.29billion at the moment, their main product is RedHat Linux and
>>>> an estimated 80% (including the kernel) of any Linux distribution
>>>> is under the GPL.
>>>>
> Using the market cap of a producer to suggest the value to the market
> is kind of a reach.

Hm? It is the amount of money the investors find worth keeping in a
company. If a single company focused on GPL products already has more
than 5 billions, it is certainly not unsubstantiated to talk about a
market worth billions. Unless you are in complete denial mode.

> Using the same logic, the market value of Windows and Windows software
> is some 240 billion by contrast.

I haven't looked. So what? That was not under debate. Is there a
particular reason you feel like changing the topic whenever you have
been proven wrong?

> No other company dealing with open source software as a defining
> charactersitic even comes close to Red Hat,

Last time I looked, Sun defined itself as an open source company, and it
is slated to become part of Oracle. Both not exactly small companies.

> so one could safely say that the combined market caps of proprietay
> software companies focused on Windows, which would necessarily include
> hunks of Oracle, Symantec, IBM, Intuit, and others, is a couple of
> orders of magnitude greater than the GPL can muster, making it a
> rather small potato.

Cough, cough. Hunks of Oracle, IBM and others are focused on Open
Source (IBM has invested a few billions into Open Source by now
according to their own statements, so IBM alone would also likely
support my statement). Is there a particular reason you only want to
count a single company for the GPL tally (and dismiss that this single
company would already suffice for my statement), yet list a number of
companies (who tend to also invest in the GPL market) on the side of
Windows, even though a comparison was never the topic?

Get a grip. Try to remember what you tried accusing me of and try
arguing a bit more coherently. You don't look particularly well if you
both lose sight of your argument _and_ employ conflicting standards
while arguing something else altogether.

>>> The statement concerned the "GPL software" market (i.e. proprietary
>>> vs. non-proprietary) software. It is a category mistake to conflate
>>> "software" market with "software services" market.
>>
>> Huh? Since when? It would appear you are redefining "software
>> market" as "licensing fee collection market" in order to carry your
>> argument. But that's just stupid. Licensing fee collection is not
>> even part of a software engineer's job description.
>>
>>
> But it is a very significant part of the value of software being sold
> in commerce.

Not with GPL software. And so it is simply disingenuous to define
"market" as something excluding the GPL market. It is like saying that
the majority of beverages is carbonated, and then measuring the beverage
market in terms of carbon dioxide. Of course you'll arrive at the
conclusion that there is no significant market value for orange juice.

> As noted, the source of Red Hat's profits are the support activities
> which are dependent on the existence of the GPL software in Linux, but
> are distinctly separate and not particularly open at that. You have
> to pay to play with Red Hat.

Uh yes. We were talking about _market_ value of GPL software business.
Now you want to exclude everything for which one has to pay. How much
more stupid can you get?

--
David Kastrup
amicus_curious
2009-10-13 14:11:42 UTC
Permalink
"David Kastrup" <***@gnu.org> wrote in message
news:***@lola.goethe.zz...
> "amicus_curious" <***@sti.net> writes:
>
>> "David Kastrup" <***@gnu.org> wrote in message
>> news:***@lola.goethe.zz...
>>> Rjack <***@example.net> writes:
>>>
>>>> David Kastrup wrote:
>>>>
>>>>>> He made the rather audacious and totally unsupported statement
>>>>>> that the "GPL software market is worth billions by now" and he
>>>>>> ducks and runs from the challenge that his notion is simply
>>>>>> false.
>>>>>
>>>>> Huh? There was no challenge. If there had been, it would have
>>>>> been easy to counter. RedHat's market capitalization is
>>>>> 5.29billion at the moment, their main product is RedHat Linux and
>>>>> an estimated 80% (including the kernel) of any Linux distribution
>>>>> is under the GPL.
>>>>>
>> Using the market cap of a producer to suggest the value to the market
>> is kind of a reach.
>
> Hm? It is the amount of money the investors find worth keeping in a
> company. If a single company focused on GPL products already has more
> than 5 billions, it is certainly not unsubstantiated to talk about a
> market worth billions. Unless you are in complete denial mode.
>
>> Using the same logic, the market value of Windows and Windows software
>> is some 240 billion by contrast.
>
> I haven't looked. So what? That was not under debate. Is there a
> particular reason you feel like changing the topic whenever you have
> been proven wrong?
>
>> No other company dealing with open source software as a defining
>> charactersitic even comes close to Red Hat,
>
> Last time I looked, Sun defined itself as an open source company, and it
> is slated to become part of Oracle. Both not exactly small companies.
>
>> so one could safely say that the combined market caps of proprietay
>> software companies focused on Windows, which would necessarily include
>> hunks of Oracle, Symantec, IBM, Intuit, and others, is a couple of
>> orders of magnitude greater than the GPL can muster, making it a
>> rather small potato.
>
> Cough, cough. Hunks of Oracle, IBM and others are focused on Open
> Source (IBM has invested a few billions into Open Source by now
> according to their own statements, so IBM alone would also likely
> support my statement). Is there a particular reason you only want to
> count a single company for the GPL tally (and dismiss that this single
> company would already suffice for my statement), yet list a number of
> companies (who tend to also invest in the GPL market) on the side of
> Windows, even though a comparison was never the topic?
>
> Get a grip. Try to remember what you tried accusing me of and try
> arguing a bit more coherently. You don't look particularly well if you
> both lose sight of your argument _and_ employ conflicting standards
> while arguing something else altogether.
>
>>>> The statement concerned the "GPL software" market (i.e. proprietary
>>>> vs. non-proprietary) software. It is a category mistake to conflate
>>>> "software" market with "software services" market.
>>>
>>> Huh? Since when? It would appear you are redefining "software
>>> market" as "licensing fee collection market" in order to carry your
>>> argument. But that's just stupid. Licensing fee collection is not
>>> even part of a software engineer's job description.
>>>
>>>
>> But it is a very significant part of the value of software being sold
>> in commerce.
>
> Not with GPL software. And so it is simply disingenuous to define
> "market" as something excluding the GPL market. It is like saying that
> the majority of beverages is carbonated, and then measuring the beverage
> market in terms of carbon dioxide. Of course you'll arrive at the
> conclusion that there is no significant market value for orange juice.
>
>> As noted, the source of Red Hat's profits are the support activities
>> which are dependent on the existence of the GPL software in Linux, but
>> are distinctly separate and not particularly open at that. You have
>> to pay to play with Red Hat.
>
> Uh yes. We were talking about _market_ value of GPL software business.
> Now you want to exclude everything for which one has to pay. How much
> more stupid can you get?
>
> --
> David Kastrup
amicus_curious
2009-10-13 14:39:00 UTC
Permalink
"David Kastrup" <***@gnu.org> wrote in message
news:***@lola.goethe.zz...
> "amicus_curious" <***@sti.net> writes:
>
>> "David Kastrup" <***@gnu.org> wrote in message
>> news:***@lola.goethe.zz...
>>> Rjack <***@example.net> writes:
>>>
>>>> David Kastrup wrote:
>>>>
>>>>>> He made the rather audacious and totally unsupported statement
>>>>>> that the "GPL software market is worth billions by now" and he
>>>>>> ducks and runs from the challenge that his notion is simply
>>>>>> false.
>>>>>
>>>>> Huh? There was no challenge. If there had been, it would have
>>>>> been easy to counter. RedHat's market capitalization is
>>>>> 5.29billion at the moment, their main product is RedHat Linux and
>>>>> an estimated 80% (including the kernel) of any Linux distribution
>>>>> is under the GPL.
>>>>>
>> Using the market cap of a producer to suggest the value to the market
>> is kind of a reach.
>
> Hm? It is the amount of money the investors find worth keeping in a
> company. If a single company focused on GPL products already has more
> than 5 billions, it is certainly not unsubstantiated to talk about a
> market worth billions. Unless you are in complete denial mode.
>
Well, you seem to have a unique view of market value which most everyone
else agees to be the amount of money spent by consumers to obtain products
that comprise the market. I suppose that, if you need to find some way to
justify your original comment, you could use that analysis to save face, but
you would be exposing an alternate shortness of knowledge. Which is better
for you? Your view is analogous to claiming that the title of biggest crap
game in town goes to the table with the largest bank rather than to the one
with the most money wagered. It is a wrong view.

>> Using the same logic, the market value of Windows and Windows software
>> is some 240 billion by contrast.
>
> I haven't looked. So what? That was not under debate. Is there a
> particular reason you feel like changing the topic whenever you have
> been proven wrong?
>
I have not been proven wrong at all. You have merely proven your lack of
understanding of the meaning of market value. Even so, since you offer the
market cap of Red Hat as substantiation of the "market value of GPL
software" so to speak, you have to agree that the reason for the assertion
in the first place was to claim that the GPL was of substance. Changing the
metric for Red Hat, though, changes it for all non-GPL software as well and
the GPL measure is still trivial and inconsequential relative to the measure
of the non-GPL software. So your assertion remains unproven.

>> No other company dealing with open source software as a defining
>> charactersitic even comes close to Red Hat,
>
> Last time I looked, Sun defined itself as an open source company, and it
> is slated to become part of Oracle. Both not exactly small companies.
>
That is indeed humorous! Sun, having made an effort to re-invent itself, at
least in image, and failed is now offered as an "open source" company? I
suppose that its attempt to proprietize MySQL will be branded as its
becoming a "company centered on GPL software" as well. Then the offer by
Oracle to purchase Sun makes Oracle a similar company? No wonder Steve
Ballmer suggested that GPL was a "cancer"! You have shown that he is right.

>> so one could safely say that the combined market caps of proprietay
>> software companies focused on Windows, which would necessarily include
>> hunks of Oracle, Symantec, IBM, Intuit, and others, is a couple of
>> orders of magnitude greater than the GPL can muster, making it a
>> rather small potato.
>
> Cough, cough. Hunks of Oracle, IBM and others are focused on Open
> Source (IBM has invested a few billions into Open Source by now
> according to their own statements, so IBM alone would also likely
> support my statement). Is there a particular reason you only want to
> count a single company for the GPL tally (and dismiss that this single
> company would already suffice for my statement), yet list a number of
> companies (who tend to also invest in the GPL market) on the side of
> Windows, even though a comparison was never the topic?
>
A minute amount of IBM's business deals with open source software and in
reality nothing about its business that differentiates it from its
competition relies on open source. Further, the discussion was not about
"open source" but rather about the GPL. Do you find the GPL hard to defend?
BTW, I looked up TeX and such and it appears, among other things, to not be
a GPL licensed software product. Why not?

> Get a grip. Try to remember what you tried accusing me of and try
> arguing a bit more coherently. You don't look particularly well if you
> both lose sight of your argument _and_ employ conflicting standards
> while arguing something else altogether.
>
My grip is fine. It is yours that has slipped. You are the one who seems
confused as to how market value is calculated. Do you not believe in the
standard definitions? You are also the one who seems confused by OSS vs
FOSS and the GPL vs other sorts of open source licenses. I know that you
are a devoted participant in the TeX world, whatever the situation there,
but you can do that without worrying about What Microsoft does in its own
sphere.

>>>> The statement concerned the "GPL software" market (i.e. proprietary
>>>> vs. non-proprietary) software. It is a category mistake to conflate
>>>> "software" market with "software services" market.
>>>
>>> Huh? Since when? It would appear you are redefining "software
>>> market" as "licensing fee collection market" in order to carry your
>>> argument. But that's just stupid. Licensing fee collection is not
>>> even part of a software engineer's job description.
>>>
>>>
>> But it is a very significant part of the value of software being sold
>> in commerce.
>
> Not with GPL software. And so it is simply disingenuous to define
> "market" as something excluding the GPL market. It is like saying that
> the majority of beverages is carbonated, and then measuring the beverage
> market in terms of carbon dioxide. Of course you'll arrive at the
> conclusion that there is no significant market value for orange juice.
>
GPL software, in your analogy, would be more akin to "mulberry juice" or
something like it that needs to be made at home and not generally available
in supermarkets. Linux itself could qualify as the analog of perhaps "prune
juice" which appears on store shelves, but only barely.

>> As noted, the source of Red Hat's profits are the support activities
>> which are dependent on the existence of the GPL software in Linux, but
>> are distinctly separate and not particularly open at that. You have
>> to pay to play with Red Hat.
>
> Uh yes. We were talking about _market_ value of GPL software business.
> Now you want to exclude everything for which one has to pay. How much
> more stupid can you get?
>
Well I find it difficult to achieve your level, of course, but I would claim
that, absent Linux per se, Red Hat could be in the same business doing the
same things and be focused on freeBSD Unix. Or the GPL could be revoked and
Red Hat would continue to be in the same business doing the same thing as
before. Indeed, one could make a case that the failure of Red Hat to adopt
the GPL v3 in its licensing is indicative of that very same thing.
David Kastrup
2009-10-13 15:12:02 UTC
Permalink
"amicus_curious" <***@sti.net> writes:

> "David Kastrup" <***@gnu.org> wrote in message
>
>> Uh yes. We were talking about _market_ value of GPL software
>> business. Now you want to exclude everything for which one has to
>> pay. How much more stupid can you get?
>>
> Well I find it difficult to achieve your level, of course, but I would
> claim that, absent Linux per se, Red Hat could be in the same business
> doing the same things and be focused on freeBSD Unix.

Focus, please focus. Now you are talking about a decrease of the GPL
market in a fantasy world of yours.

> Or the GPL could be revoked and Red Hat would continue to be in the
> same business doing the same thing as before.

Nobody was talking about the GPL market in fantasy worlds.

Microsoft could be a company selling green cheese, but that makes no
statement about the dairy market in _this_ world.

--
David Kastrup
amicus_curious
2009-10-14 02:41:22 UTC
Permalink
"David Kastrup" <***@gnu.org> wrote in message
news:***@lola.goethe.zz...
> "amicus_curious" <***@sti.net> writes:
>
>> "David Kastrup" <***@gnu.org> wrote in message
>>
>>> Uh yes. We were talking about _market_ value of GPL software
>>> business. Now you want to exclude everything for which one has to
>>> pay. How much more stupid can you get?
>>>
>> Well I find it difficult to achieve your level, of course, but I would
>> claim that, absent Linux per se, Red Hat could be in the same business
>> doing the same things and be focused on freeBSD Unix.
>
> Focus, please focus. Now you are talking about a decrease of the GPL
> market in a fantasy world of yours.
>
>> Or the GPL could be revoked and Red Hat would continue to be in the
>> same business doing the same thing as before.
>
> Nobody was talking about the GPL market in fantasy worlds.
>
> Microsoft could be a company selling green cheese, but that makes no
> statement about the dairy market in _this_ world.
>
Well, if that sort of nonsense is all you have left to mention, it is a good
sign that you now understand the conventional meaning of market value and
see that open source software is a very minor player on that stage and
understand the insignificance of the GPL in terms of market power. I think
my work is finished here and I can move off to newer threads.
David Kastrup
2009-10-14 06:47:58 UTC
Permalink
"amicus_curious" <***@sti.net> writes:

> "David Kastrup" <***@gnu.org> wrote in message
> news:***@lola.goethe.zz...
>> "amicus_curious" <***@sti.net> writes:
>>
>>> "David Kastrup" <***@gnu.org> wrote in message
>>>
>>>> Uh yes. We were talking about _market_ value of GPL software
>>>> business. Now you want to exclude everything for which one has to
>>>> pay. How much more stupid can you get?
>>>>
>>> Well I find it difficult to achieve your level, of course, but I would
>>> claim that, absent Linux per se, Red Hat could be in the same business
>>> doing the same things and be focused on freeBSD Unix.
>>
>> Focus, please focus. Now you are talking about a decrease of the GPL
>> market in a fantasy world of yours.
>>
>>> Or the GPL could be revoked and Red Hat would continue to be in the
>>> same business doing the same thing as before.
>>
>> Nobody was talking about the GPL market in fantasy worlds.
>>
>> Microsoft could be a company selling green cheese, but that makes no
>> statement about the dairy market in _this_ world.
>>
> Well, if that sort of nonsense is all you have left to mention, it is
> a good sign that you now understand the conventional meaning of market
> value and see that open source software is a very minor player on that
> stage and understand the insignificance of the GPL in terms of market
> power.

Well, it is easy to live using a vegetarian diet. Does that mean that
meat production is insignificant in terms of market power? The question
is not what the market power of the GPL were if everybody chose to stop
using and marketing GPLed products. That's your fantasy world. The
question was about the _current_ market situation.

> I think my work is finished here

I certainly doubt that you can get much more egg on your face here, yes.

> and I can move off to newer threads.

If you think that you'll look less stupid there...

--
David Kastrup
Alan Mackenzie
2009-10-12 11:29:46 UTC
Permalink
In gnu.misc.discuss amicus_curious <***@sti.net> wrote:

> "Alan Mackenzie" <***@muc.de> wrote in message
> news:hat7ab$2oop$***@colin2.muc.de...
>> In gnu.misc.discuss amicus_curious <***@sti.net> wrote:

>>> "David Kastrup" <***@gnu.org> wrote in message
>>> news:***@lola.goethe.zz...
>>>> "amicus_curious" <***@sti.net> writes:

>>>>> "David Kastrup" <***@gnu.org> wrote in message
>>>>> news:***@lola.goethe.zz...


>>>>>> Now I would not put it past you to try to set up a business centered
>>>>>> around this purportive loophole. But nobody in his right mind would
>>>>>> care to do important business with you anyway. You come across as
>>>>>> far too willing to take unnecessary risks. Your compulsive desire to
>>>>>> prove yourself clever and the rest of the world stupid is simply too
>>>>>> dangerous in a business partner.

>>>>> Very few have ever succeeded in any business centered around open
>>>>> source software.

>>>> More than those in any business centered against open source software.
>>>> Most of the openings against open source software appear to be in Usenet
>>>> trolling. The former is a billion dollar market. The latter does not
>>>> appear to feed more than a handful of people. And they occupy
>>>> identities like busy Potemkin villagers.

>>> What use do you anticipate for pulling something that stupid out of thin
>>> air? You folk seem to think that a mere sneer is an adequate response to
>>> anything that you cannot answer otherwise. That is why you are still in
>>> last place.

>> Well, what a comparison! I wonder who would come top in a "get a life"
>> poll - There're people like David, who write and maintain useful free
>> software.

> Is that so? What software ....

Emacs. Possibly other bits I don't know about.

> .... and why do you think it useful?

It's self evident. Note the aggressive way you put the second part of
that question; it seems you were so uninterested in finding out what David
actually does, that you prematurely fired off your disparagement.

> I would rather that he was able to make intelligent comments in regard
> to the topic thread, of course, but I am always curious.

<sigh> That's the sort of stuff that makes a forum like this unbearable -
Constant denigration. Go and have a read of Paul Graham's article on
disagreeing at <http://www.paulgraham.com/disagree.html>, where he
classifies types of disagreement on a quality scale. Your last paragraph
is equivalent to "he is an idiot" and falls into Graham's category "DH0 -
name calling".

> He made the rather audacious and totally unsupported statement that the
> "GPL software market is worth billions by now" and he ducks and runs
> from the challenge that his notion is simply false.

Oh <insert your favourite deity here> help us all! This continual narky,
itsy bitsy, mean spirited attacking on the exact meaning of words we can
well do without. Everyone knows what he meant, and everybody knows it's
true. If he'd said the world was round, you'd find some way of attacking
that.


>>Then there're people like you, who spend their time and energy
>> beavering away through legal reports searching for something which can be
>> twisted to attack the GPL, or just posting general disparagement about
>> free software.

> I think that you yourself are over sensitive as well. I do not
> "attack" the GPL at all, nor am I disparaging free software.

Hah! I think you have, and you do. I can't recall you posting a single
positive thing about the GPL or free software. Maybe my memory's a bit
dim. Perhaps you could cite one of your recent posts where you've been
positive about any of these topics.

> I have merely pointed out, perhaps gleefully, .....

No, you haven't "pointed out". Authorities "point out", whereas the
unskilled, ignorant, or unknown merely express opinions. Those opinions
vary from useful to mistaken to plain crass.

> .... that its tortured constructions have now resulted in a
> sort of NOP status if/when the case under discussion here becomes widely
> referenced.

"tortured constructions" - more denigration. I thought you just wrote
above that you don't attack the GPL? Would you hold that your continual
disparagement of it isn't an attack?

> The GPL is what the GPL is and nothing that I do can directly affect
> that.

For which I, for one, am grateful.

> I have taken pains to show .....

No, you don't "show", you merely express your opinion, because you have
no credibility to speak authoritatively on these topics.

> ..... where free software has a value and would have an even greater
> value if it were ever free of the GPL as asserted in the harassing
> tactics of the SFLC and FSF.

Is that right? It's just as likely that you, comfortably shielded by
an anonymous posting account, are trying to subvert and undermine free
software. In fact, more likely. Somebody genuinely wishing to foster
free software would have little need to hide away. Would you care to
tell us all what your interest in free software actually is?

> I personally think that the GPL is a diversion of focus on what really
> might help the world in general and, as such, should be done away with
> along with the cultism evoked by Stallman which similarly diverts
> attention from real issues.

OK, that's fair enough. You and Stallman would likely disagree on what
help the world needs and what the real issues are. You're perfectly free
to create your own software license or set up a project on your own
lines, as many other people have done, or to join such a project. You
were also free to make suggestions about GPL3, and maybe you did.

>> Tell me, curious friend, do you actually do anything positive and
>> constructive in your free time? Something which makes the world a
>> better place?

> What if I did? Or what if I did not? Does that affect the intrinsic
> truth of the issues raised here?

Yes, it does. There's a type of person, thankfully rare, who goes around
disparaging and denigrating other people's achievements (and failures),
and rarely has anything nice to say about anybody or anything. Such a
person doesn't actually do anything himself which could lead to him being
criticised - he doesn't serve as an official for his local social club,
doesn't help look after his neighbours' children, doesn't paint pictures,
doesn't write free software, doesn't maintain a lovely garden which might
lift the spirits of passers-by, doesn't play bowls in his local team -
he's basically a social non-entity. Because such people are negative
and nasty about pretty much everything, their views are not held in much
regard.

On this mailing list, you give the impression of being such a person.
So, let me ask you again - do you actually do anything in your free time
to make the world a better place?

> Would you be happier with the idea if it were presented by Stallman
> himself?

Yes. Or Martin Luther, or Mahatma Ghandi, or Enoch Powell, or Rowan
Williams (the Archbishop of Canterbury). Or the guys I work with, or
even Bill Gates, for that matter. People of substance who have done
things, who have failed and achieved, people of courage who are not
scared to stand up for what they believe in.

> Other credentialed open source leaders seem to have taken a dim view of
> the FSF and the GPL shenanigans, .....

Yet more nasty disparagement. Perhaps that would be more accurately
expressed as open source leaders disagree somewhat with the aims of the
FSF, and run their own projects on somewhat different lines. Funny,
really, how many of them license their software under the GPL, though,
and how, in practice, they all work together and use each others'
software.

> ... too, for example Linus himself or Eric Raymond.

Linus Torvads licenses Linux under GPL2, and created Linux to mesh with
GNU software. Eric Raymond still contributes to GNU software. And all
these people treat each other with respect, and when they disagree, they
express that disagreement in a high quality and respectful manner.

--
Alan Mackenzie (Nuremberg, Germany).
Rjack
2009-10-12 13:24:22 UTC
Permalink
Alan Mackenzie wrote:

> Linus Torvads licenses Linux under GPL2, and created Linux to mesh
> with GNU software. Eric Raymond still contributes to GNU
> software. And all these people treat each other with respect, and
> when they disagree, they express that disagreement in a high
> quality and respectful manner.
>

I have to agree with Alan:

http://www.linuxtoday.com/mailprint.php3?action=pv&ltsn=2001-08-17-016-20-OP-CY
Eric Raymond: Freedom, Power, or Confusion? [ESR on debate between
O'Reilly and FSF]:

"In other words, Stallman and Kuhn want to be able to make decisions
that affect other developers more than themselves. By the definition
they themselves have proposed, they want power.

Perplexing, isn't it? Tim and the FSFers both claim to stand for
`freedom'. Both assert that each others' definition of "freedom" is
actually a covert form of control, a claim of power over others. The
only difference is in who the victims of "Powerplay Zero" are, users
or developers."

Eric Raymond speaks simple, gospel truth without ad hominem attacks!

Sincerely,
Rjack
Hadron
2009-10-12 13:58:41 UTC
Permalink
Rjack <***@example.net> writes:

> Alan Mackenzie wrote:
>
>> Linus Torvads licenses Linux under GPL2, and created Linux to mesh
>> with GNU software. Eric Raymond still contributes to GNU
>> software. And all these people treat each other with respect, and
>> when they disagree, they express that disagreement in a high
>> quality and respectful manner.
>>
>
> I have to agree with Alan:
>
> http://www.linuxtoday.com/mailprint.php3?action=pv&ltsn=2001-08-17-016-20-OP-CY
> Eric Raymond: Freedom, Power, or Confusion? [ESR on debate between
> O'Reilly and FSF]:
>
> "In other words, Stallman and Kuhn want to be able to make decisions
> that affect other developers more than themselves. By the definition
> they themselves have proposed, they want power.

Similar to COLA "advocates": Don't do as they do. Do as they say. Choice
is a wonderful thing when you choose for others.

Roy sees himself as a modern day Napolean from Orwell's classic. It's
just that some pigs are more equal than others. And a good analogy
too. Snouts at the trough.

>
> Perplexing, isn't it? Tim and the FSFers both claim to stand for
> `freedom'. Both assert that each others' definition of "freedom" is
> actually a covert form of control, a claim of power over others. The
> only difference is in who the victims of "Powerplay Zero" are, users
> or developers."
>
> Eric Raymond speaks simple, gospel truth without ad hominem attacks!
>
> Sincerely,
> Rjack
>

--
Alan Mackenzie
2009-10-12 14:18:06 UTC
Permalink
In gnu.misc.discuss Rjack <***@example.net> wrote:
> Alan Mackenzie wrote:

>> Linus Torvads licenses Linux under GPL2, and created Linux to mesh
>> with GNU software. Eric Raymond still contributes to GNU
>> software. And all these people treat each other with respect, and
>> when they disagree, they express that disagreement in a high
>> quality and respectful manner.


> I have to agree with Alan:

Hey, thanks!

> http://www.linuxtoday.com/mailprint.php3?action=pv&ltsn=2001-08-17-016-20-OP-CY
> Eric Raymond: Freedom, Power, or Confusion? [ESR on debate between
> O'Reilly and FSF]:

> "In other words, Stallman and Kuhn want to be able to make decisions
> that affect other developers more than themselves. By the definition
> they themselves have proposed, they want power.

> Perplexing, isn't it? Tim and the FSFers both claim to stand for
> `freedom'. Both assert that each others' definition of "freedom" is
> actually a covert form of control, a claim of power over others. The
> only difference is in who the victims of "Powerplay Zero" are, users
> or developers."

The fact is, any exercise of freedom impinges on somebody else in some
fashion. The GPL, by rigorously preserving the freedom of all to amend
a program, necessarily restricts the freedom of those who wish to
incorporate a GPL program into proprietary code. GPL has gone one way
on this choice, BSD has gone the other way.

> Eric Raymond speaks simple, gospel truth without ad hominem attacks!

Yes.

> Sincerely,
> Rjack

--
Alan Mackenzie (Nuremberg, Germany).
amicus_curious
2009-10-12 21:00:36 UTC
Permalink
"Alan Mackenzie" <***@muc.de> wrote in message
news:hav3va$1am9$***@colin2.muc.de...
> In gnu.misc.discuss amicus_curious <***@sti.net> wrote:
>
>> "Alan Mackenzie" <***@muc.de> wrote in message
>> news:hat7ab$2oop$***@colin2.muc.de...
>>> In gnu.misc.discuss amicus_curious <***@sti.net> wrote:
>
>>>> "David Kastrup" <***@gnu.org> wrote in message
>>>> news:***@lola.goethe.zz...
>>>>> "amicus_curious" <***@sti.net> writes:
>
>>>>>> "David Kastrup" <***@gnu.org> wrote in message
>>>>>> news:***@lola.goethe.zz...
>
>
>>>>>>> Now I would not put it past you to try to set up a business centered
>>>>>>> around this purportive loophole. But nobody in his right mind would
>>>>>>> care to do important business with you anyway. You come across as
>>>>>>> far too willing to take unnecessary risks. Your compulsive desire
>>>>>>> to
>>>>>>> prove yourself clever and the rest of the world stupid is simply too
>>>>>>> dangerous in a business partner.
>
>>>>>> Very few have ever succeeded in any business centered around open
>>>>>> source software.
>
>>>>> More than those in any business centered against open source software.
>>>>> Most of the openings against open source software appear to be in
>>>>> Usenet
>>>>> trolling. The former is a billion dollar market. The latter does not
>>>>> appear to feed more than a handful of people. And they occupy
>>>>> identities like busy Potemkin villagers.
>
>>>> What use do you anticipate for pulling something that stupid out of
>>>> thin
>>>> air? You folk seem to think that a mere sneer is an adequate response
>>>> to
>>>> anything that you cannot answer otherwise. That is why you are still
>>>> in
>>>> last place.
>
>>> Well, what a comparison! I wonder who would come top in a "get a life"
>>> poll - There're people like David, who write and maintain useful free
>>> software.
>
>> Is that so? What software ....
>
> Emacs. Possibly other bits I don't know about.
>
>> .... and why do you think it useful?
>
> It's self evident. Note the aggressive way you put the second part of
> that question; it seems you were so uninterested in finding out what David
> actually does, that you prematurely fired off your disparagement.
>
You stated that it was "useful free software". How is asking what and why
such an agression? I think that you are reading a lot into my words that
was never there. Why are you so defensive? And I do not consider Emacs all
that useful either, but that would be another discussion entirely.

>> I would rather that he was able to make intelligent comments in regard
>> to the topic thread, of course, but I am always curious.
>
> <sigh> That's the sort of stuff that makes a forum like this unbearable -
> Constant denigration. Go and have a read of Paul Graham's article on
> disagreeing at <http://www.paulgraham.com/disagree.html>, where he
> classifies types of disagreement on a quality scale. Your last paragraph
> is equivalent to "he is an idiot" and falls into Graham's category "DH0 -
> name calling".
>
Perhaps I will read it. OTOH, do you suggest that his immediate reference
to trolling is something nobel? I didn't say he was an idiot at all, I said
that his response was not useful.

>> He made the rather audacious and totally unsupported statement that the
>> "GPL software market is worth billions by now" and he ducks and runs
>> from the challenge that his notion is simply false.
>
> Oh <insert your favourite deity here> help us all! This continual narky,
> itsy bitsy, mean spirited attacking on the exact meaning of words we can
> well do without. Everyone knows what he meant, and everybody knows it's
> true. If he'd said the world was round, you'd find some way of attacking
> that.
>
Why would I attack the notion that the world was round? What is unsaid here
is the notion that open source somehow is a plan for victory and the
advocates have taken it as a postulate that it is already successful. That
is not at all true, I believe, and I think that it is worthy of being
challenged. The advocates do not seem to be able to justify their
assumptions in so many words, so they resort to calling the challenger
names. Like you are doing here.
>
>>>Then there're people like you, who spend their time and energy
>>> beavering away through legal reports searching for something which can
>>> be
>>> twisted to attack the GPL, or just posting general disparagement about
>>> free software.
>
>> I think that you yourself are over sensitive as well. I do not
>> "attack" the GPL at all, nor am I disparaging free software.
>
> Hah! I think you have, and you do. I can't recall you posting a single
> positive thing about the GPL or free software. Maybe my memory's a bit
> dim. Perhaps you could cite one of your recent posts where you've been
> positive about any of these topics.
>
There is nothing positive to say about the GPL, of course. As to free
software, I have often agreed that it is a fine thing to use as a sample
implementation or even in the case of agreed upon system infrastructure as
the only thing to use. I have often said that open source software does not
provide any opportunity to differentiate one's products, though, and that is
the essence of both change and success.

>> I have merely pointed out, perhaps gleefully, .....
>
> No, you haven't "pointed out". Authorities "point out", whereas the
> unskilled, ignorant, or unknown merely express opinions. Those opinions
> vary from useful to mistaken to plain crass.
>
You just don't like to hear anything that disagrees with your fantasy.

>> .... that its tortured constructions have now resulted in a
>> sort of NOP status if/when the case under discussion here becomes widely
>> referenced.
>
> "tortured constructions" - more denigration. I thought you just wrote
> above that you don't attack the GPL? Would you hold that your continual
> disparagement of it isn't an attack?
>
Right. It is simply disparagement. Are you affected in your thinking? No.
Anyone else? No.

>> The GPL is what the GPL is and nothing that I do can directly affect
>> that.
>
> For which I, for one, am grateful.
>
>> I have taken pains to show .....
>
> No, you don't "show", you merely express your opinion, because you have
> no credibility to speak authoritatively on these topics.
>
Do you have any credibility yourself? Is that your only measure of an idea?
You cannot apparently find any means to counter the opinion other than your
hope that it is wrong because you hope that I lack any credentials.

>> ..... where free software has a value and would have an even greater
>> value if it were ever free of the GPL as asserted in the harassing
>> tactics of the SFLC and FSF.
>
> Is that right? It's just as likely that you, comfortably shielded by
> an anonymous posting account, are trying to subvert and undermine free
> software. In fact, more likely. Somebody genuinely wishing to foster
> free software would have little need to hide away. Would you care to
> tell us all what your interest in free software actually is?
>
I think that open source software is a great vehicle for studying how things
might be made to work. There is a lot of free software in the world.
Microsoft itself publishes billions of lines of code as samples and
tutorials on how to do things or by way of explanation of how things work.
Many others do the same in countless articles on every subject imaginable in
regard to computer programming. The only blemish that I see in this is the
rather snotty attitude of the GPL crowd who disparage anyone who wants to
gain from their individual innovation and cleverness by coming up with
something newer and more useful than what has gone before.

>> I personally think that the GPL is a diversion of focus on what really
>> might help the world in general and, as such, should be done away with
>> along with the cultism evoked by Stallman which similarly diverts
>> attention from real issues.
>
> OK, that's fair enough. You and Stallman would likely disagree on what
> help the world needs and what the real issues are. You're perfectly free
> to create your own software license or set up a project on your own
> lines, as many other people have done, or to join such a project. You
> were also free to make suggestions about GPL3, and maybe you did.
>
>>> Tell me, curious friend, do you actually do anything positive and
>>> constructive in your free time? Something which makes the world a
>>> better place?
>
>> What if I did? Or what if I did not? Does that affect the intrinsic
>> truth of the issues raised here?
>
> Yes, it does. There's a type of person, thankfully rare, who goes around
> disparaging and denigrating other people's achievements (and failures),
> and rarely has anything nice to say about anybody or anything. Such a
> person doesn't actually do anything himself which could lead to him being
> criticised - he doesn't serve as an official for his local social club,
> doesn't help look after his neighbours' children, doesn't paint pictures,
> doesn't write free software, doesn't maintain a lovely garden which might
> lift the spirits of passers-by, doesn't play bowls in his local team -
> he's basically a social non-entity. Because such people are negative
> and nasty about pretty much everything, their views are not held in much
> regard.
>
All you are saying here is that you do not like to listen to anything that
does not properly play to your predjudices. You want to cast aspersions on
the bad news messenger and diminish his value to the world as well. I find
it curious that you feel it necessary to demonize your opposition.

> On this mailing list, you give the impression of being such a person.
> So, let me ask you again - do you actually do anything in your free time
> to make the world a better place?
>
I do and have done quite a bit to affect things over the years, mostly on
purpose as a career though. Is it more noble to do things in your spare
time than as an advocation?

>> Would you be happier with the idea if it were presented by Stallman
>> himself?
>
> Yes. Or Martin Luther, or Mahatma Ghandi, or Enoch Powell, or Rowan
> Williams (the Archbishop of Canterbury). Or the guys I work with, or
> even Bill Gates, for that matter. People of substance who have done
> things, who have failed and achieved, people of courage who are not
> scared to stand up for what they believe in.
>
I guess that if you have no confidence in your own assessments, you have to
stick with the opinions of the perceived leaders. It's more interesting to
have your own understanding, though.

>> Other credentialed open source leaders seem to have taken a dim view of
>> the FSF and the GPL shenanigans, .....
>
> Yet more nasty disparagement. Perhaps that would be more accurately
> expressed as open source leaders disagree somewhat with the aims of the
> FSF, and run their own projects on somewhat different lines. Funny,
> really, how many of them license their software under the GPL, though,
> and how, in practice, they all work together and use each others'
> software.
>
>> ... too, for example Linus himself or Eric Raymond.
>
> Linus Torvads licenses Linux under GPL2, and created Linux to mesh with
> GNU software. Eric Raymond still contributes to GNU software. And all
> these people treat each other with respect, and when they disagree, they
> express that disagreement in a high quality and respectful manner.
>
I wonder if they would do it again, knowing what they know now. Raymond
seems to think now that the whole idea is unnecessary and that the attention
given to it is counter productive.
David Kastrup
2009-10-12 13:59:38 UTC
Permalink
"amicus_curious" <***@sti.net> writes:

> I personally think that the GPL is a diversion of focus on what really
> might help the world in general and, as such, should be done away with
> along with the cultism evoked by Stallman which similarly diverts
> attention from real issues.

There are diversions of focus on what really might help the world such
as throwing English tea into Boston harbour, or marching to the sea and
making salt from sea water or sitting in the front of the bus.

Sometimes you just have to get your hands dirty and actually achieve
some small things rather than talking big and doing nothing.

--
David Kastrup
Alan Mackenzie
2009-10-14 10:27:41 UTC
Permalink
In gnu.misc.discuss amicus_curious <***@sti.net> wrote:

> "Alan Mackenzie" <***@muc.de> wrote in message
> news:hav3va$1am9$***@colin2.muc.de...
>> In gnu.misc.discuss amicus_curious <***@sti.net> wrote:

>>> "Alan Mackenzie" <***@muc.de> wrote in message
>>> news:hat7ab$2oop$***@colin2.muc.de...

>>>> Well, what a comparison! I wonder who would come top in a "get a
>>>> life" poll - There're people like David, who write and maintain
>>>> useful free software.

>>> Is that so? What software ....

>> Emacs. Possibly other bits I don't know about.

>>> .... and why do you think it useful?

>> It's self evident. Note the aggressive way you put the second part of
>> that question; it seems you were so uninterested in finding out what
>> David actually does, that you prematurely fired off your
>> disparagement.

> You stated that it was "useful free software". How is asking what and
> why such an agression? I think that you are reading a lot into my
> words that was never there. Why are you so defensive?

Because you are so aggressive. The target of your aggression is this
mailing list/newsgroup, which is what I am trying to defend.

> And I do not consider Emacs all that useful either, but that would be
> another discussion entirely.

And that nasty remark kind of sums up what I so dislike about your
posting. A slimy, put-down from somebody, you, who probably knows
little, if anything, about Emacs, and who by his own admission (near the
bottom of this post) doesn't actually do much helpful or constructive
himself.

I can imagine somebody telling you your aged aunt had moved to a nice new
house in the country. Would your first reaction be "what's so nice about
it?"? Or on hearing one of your pals had met a new girlfriend, asking
"what's so nice about her?".

[ .... ]

> Perhaps I will read it. OTOH, do you suggest that his immediate
> reference to trolling is something nobel? I didn't say he was an idiot
> at all, I said that his response was not useful.

No, of course not. Implying somebody is unable to make intelligent
comments is not at all calling him an idiot? And as for a Nobel prize
for trolling, whether or not you would win one is a legitimate matter for
discussion. I say you might well do.

>>> He made the rather audacious and totally unsupported statement that
>>> the "GPL software market is worth billions by now" and he ducks and
>>> runs from the challenge that his notion is simply false.

>> Oh <insert your favourite deity here> help us all! This continual
>> narky, itsy bitsy, mean spirited attacking on the exact meaning of
>> words we can well do without. Everyone knows what he meant, and
>> everybody knows it's true. If he'd said the world was round, you'd
>> find some way of attacking that.

> Why would I attack the notion that the world was round?

It seems likely, since you attack just about everything else. It seems
part of your character, just attacking anything, always trying to
emphasise the negative in things, never seeking out the positive, the
useful, the virtuous.

> What is unsaid here is the notion that open source somehow is a plan
> for victory and the advocates have taken it as a postulate that it is
> already successful. That is not at all true, I believe, and I think
> that it is worthy of being challenged. The advocates do not seem to be
> able to justify their assumptions in so many words, so they resort to
> calling the challenger names. Like you are doing here.

OK. Now you've actually written something of substance, something worth
replying to. Free software and open source software are successful, for
a very reasonable value of "successful". For example, in the path
between my writing and your reading of this article, there is only free
software in use anywhere near my end. I don't dispute you could construe
"successful" in a manner by which free software isn't successful, but I'm
not interested in such a silly distraction.

There are indeed rallying calls about the "victory" of free software, and
suchlike. These are political expressions, and like all political
expressions, full of exaggeration and hyperbole. To be honest, I find
much of them as embarrassing as you find them nauseating. I think you've
got a picture of thousands of free software hackers goose-stepping in
time to Richard Stallman. The reality could hardly be more different -
the last time the ideology of free software came up on the Emacs
development list, it was questioned and debated in a half-hearted way,
but not strongly supported by anybody other than RMS. At the same time,
all this political activity has prompted the spread and uptake of free
software, so it's necessary and useful.

Personally, I doubt free software will ever fully supplant proprietary,
or come anywhere near it, and both will continue to be economically
important for the foreseeable future.

>> I can't recall you posting a single positive thing about the GPL or
>> free software. Maybe my memory's a bit dim. Perhaps you could cite
>> one of your recent posts where you've been positive about any of these
>> topics.

> There is nothing positive to say about the GPL, of course.

"Of course". With all due respect, that's a moronic statement. One of
many positive things about the GPL is that it has encouraged and
facilitated the writing of much good software, for example Linux.

> As to free software, I have often agreed that it is a fine thing to use
> as a sample implementation or even in the case of agreed upon system
> infrastructure as the only thing to use. I have often said that open
> source software does not provide any opportunity to differentiate one's
> products, though, and that is the essence of both change and success.

Differentiating products (assuming you're not referring to a formula of
differential calculus ;-) is one way of achieving change and success, but
not the only one. Many products are successful because they're cheaper
than their competitors, even though barely distinguishable from them
(cars, for example). Free software is often markedly different from its
proprietary counterparts, and markedly different from other free
software. Emacs is wholly unlike vim, and both are wholly unlike Eclipse
or Microsoft Visual Studio, but all are powerful source code tools.
Programmers choose whatever suits them best. This is called "competition
in the marketplace".


> Right. It is simply disparagement. Are you affected in your thinking?
> No. Anyone else? No.

Yes. This disparagement is like a loud unpleasant noise. It inhibits
polite useful discussion on this mailing list. It discourages thoughtful
people taking part in the conversation here.

> Do you have any credibility yourself?

Yes, I do. Attached to my name is a reputation earned through many years
of solid, if unspectacular, work maintaining free software and supporting
its infrastructure.

> Is that your only measure of an idea? You cannot apparently find any
> means to counter the opinion other than your hope that it is wrong
> because you hope that I lack any credentials.

Not at all. I am objecting to your arrogant phrasing, that your ideas
are in some way "shown", as if they had the status of an established
scientific theory or the judgement of an expert. They don't.

>> Would you care to tell us all what your interest in free software
>> actually is?

> I think that open source software is a great vehicle for studying how
> things might be made to work. There is a lot of free software in the
> world. Microsoft itself publishes billions of lines of code as samples
> and tutorials on how to do things or by way of explanation of how
> things work. Many others do the same in countless articles on every
> subject imaginable in regard to computer programming.

OK, you see free software as a kind of learning exercise, a collection of
prototypes, but not as mature working software? I find that a strange
attitude, given the success of programs such as Linux, GCC, Bash, ...

Of course, I could snidely remark that MS would do well to study free
software to find out how to make things work, but I won't. ;-)

> The only blemish that I see in this is the rather snotty attitude of
> the GPL crowd who disparage anyone who wants to gain from their
> individual innovation and cleverness by coming up with something newer
> and more useful than what has gone before.

That's a serious point, and I admit to being ambivalent about it. The
"GPL crowd" does not have a single uniform voice, rather a few leading
GPL advocates can be quite loud. My view is that software innovators
should be free develop their ideas in proprietary programs, but they
shouldn't expect to incorporate free software into them. However,
restricting ideas like that is less beneficial to society than publishing
them openly. Many of the best innovations in software were unrestricted,
yet their creators did just fine. RSA encryption is one example (though,
admittedly, it was restricted in the USA), Dan Bricklin's spreadsheet
concept is another, Xerox Parc's invention of the GUI a third (OK, Parc
didn't do that well out of it, but where would Apple and MS be now
if the mouse-driven GUI had been patently encumbered?).

Software innovation doesn't happen in the main by "big bangs", it happens
by steady evolutionary development. MS Windows (the original one back in
the 1980s) was a big-bang advance over MS-DOS, but current MS Windowses
are mere evolutionary changes over that original.


>>>> Tell me, curious friend, do you actually do anything positive and
>>>> constructive in your free time? Something which makes the world a
>>>> better place?

>>> What if I did? Or what if I did not? Does that affect the intrinsic
>>> truth of the issues raised here?

>> Yes, it does. There's a type of person, thankfully rare, who goes
>> around disparaging and denigrating other people's achievements (and
>> failures), and rarely has anything nice to say about anybody or
>> anything. Such a person doesn't actually do anything himself which
>> could lead to him being criticised - he doesn't serve as an official
>> for his local social club, doesn't help look after his neighbours'
>> children, doesn't paint pictures, doesn't write free software, doesn't
>> maintain a lovely garden which might lift the spirits of passers-by,
>> doesn't play bowls in his local team - he's basically a social
>> non-entity. Because such people are negative and nasty about pretty
>> much everything, their views are not held in much regard.

> All you are saying here is that you do not like to listen to anything
> that does not properly play to your predjudices.

Utterly false. I relish few things more than a stimulating debate over
contentious things. My best pal here in Nuremberg has political views
widely different from mine, and we have spent hundreds of hours sparring
over such matters. I have learnt much from him, as he has from me. But
such debate is only possible when courteousness and mutual respect are
present. These have largely been lacking from your posts.

> You want to cast aspersions on the bad news messenger and diminish his
> value to the world as well. I find it curious that you feel it
> necessary to demonize your opposition.

No, I get irate at the boorishness of the manner of delivery. You could,
with little effort, make your points without snide remarks about
"tortured constructions" in the GPL, or an inane insistence on some
particularly precious definition of "market share", and the like.

>> On this mailing list, you give the impression of being such a person.
>> So, let me ask you again - do you actually do anything in your free
>> time to make the world a better place?

> I do and have done quite a bit to affect things over the years, mostly
> on purpose as a career though. Is it more noble to do things in your
> spare time than as an advocation?

It is more noble to do both. If everybody just put their feet up on the
sofa in the evening after getting home from work, the world would be a
much drabber, nastier, duller place than it is.

>>> Would you be happier with the idea if it were presented by Stallman
>>> himself?

>> Yes. Or Martin Luther, or Mahatma Ghandi, or Enoch Powell, or Rowan
>> Williams (the Archbishop of Canterbury). Or the guys I work with, or
>> even Bill Gates, for that matter. People of substance who have done
>> things, who have failed and achieved, people of courage who are not
>> scared to stand up for what they believe in.

> I guess that if you have no confidence in your own assessments, you
> have to stick with the opinions of the perceived leaders. It's more
> interesting to have your own understanding, though.

Not "leaders", but experts. I don't accept that any Tom's, Dick's or
Harry's opinions carry the same weight as an established expert's
judgement. I would, by default, accept any points you made in your own
field of expertise, whatever that might be, and possibly put questions to
you so as to learn more.

>>> Other credentialed open source leaders seem to have taken a dim view
>>> of the FSF and the GPL shenanigans, .....

>> Yet more nasty disparagement. Perhaps that would be more accurately
>> expressed as open source leaders disagree somewhat with the aims of
>> the FSF, and run their own projects on somewhat different lines.
>> Funny, really, how many of them license their software under the GPL,
>> though, and how, in practice, they all work together and use each
>> others' software.

>>> ... too, for example Linus himself or Eric Raymond.

>> Linus Torvads licenses Linux under GPL2, and created Linux to mesh
>> with GNU software. Eric Raymond still contributes to GNU software.
>> And all these people treat each other with respect, and when they
>> disagree, they express that disagreement in a high quality and
>> respectful manner.

> I wonder if they would do it again, knowing what they know now.
> Raymond seems to think now that the whole idea is unnecessary and that
> the attention given to it is counter productive.

They would do it differently, of course; hindsight is a wonderful thing.
But the fact remains that it was and is under the GPL that most free and
open source software has been written. There's comparatively little
under the BSD licence, for example, which strongly suggests that the GPL
has, in the main, got things right.

--
Alan Mackenzie (Nuremberg, Germany).
Rjack
2009-10-14 11:11:40 UTC
Permalink
Alan Mackenzie wrote:

> They would do it differently, of course; hindsight is a wonderful
> thing. But the fact remains that it was and is under the GPL that
> most free and open source software has been written.

Fact eh? Still on the crusade concerning the definition of "free" as
used in the English language? The GPL (if it were enforceable) is a
highly restrictive license which attempts to assume control of other's
exclusive copyrights.

The Free Software Foundation has attempted to implement a strategy
well know in electoral politics -- repeat an obvious falsehood often
enough and loud enough so that it assumes an aura of truth to the
gullible. Kudos to Eric Raymond for exposing the farce that calling
something "Free" makes it free e.g. "Free Software is free".

> There's comparatively little under the BSD licence, for example,
> which strongly suggests that the GPL has, in the main, got things
> right.

GNUtians remind me the current members of the "Tea Party" protests
occurring here in the U.S. (GNUtians may have a little more focus).

Strength of belief does not make something true -- verifiable facts do.

Sincerely,
Rjack
Alan Mackenzie
2009-10-14 11:59:24 UTC
Permalink
In gnu.misc.discuss Rjack <***@example.net> wrote:
> Alan Mackenzie wrote:

>> They would do it differently, of course; hindsight is a wonderful
>> thing. But the fact remains that it was and is under the GPL that
>> most free and open source software has been written.

> Fact eh? Still on the crusade concerning the definition of "free" as
> used in the English language?

Not particularly. Please reread my last paragraph as though there were
quote marks around the word "free", and then consider responding to the
substance of what I wrote

> The GPL (if it were enforceable) is a highly restrictive license which
> attempts to assume control of other's exclusive copyrights.

Oh, here we go again. That's FUD, Rjack. You're well aware that that
only applies when the other decides to license his code under the GPL,
possibly as a consequence of his (free) decision to incorporate some GPL
code into his program.

>> There's comparatively little under the BSD licence, for example,
>> which strongly suggests that the GPL has, in the main, got things
>> right.

> GNUtians remind me the current members of the "Tea Party" protests
> occurring here in the U.S. (GNUtians may have a little more focus).

Which tea party would that be? Is "party" here a convivial gathering or
a political organisation?

> Sincerely,
> Rjack

--
Alan Mackenzie (Nuremberg, Germany).
Rjack
2009-10-14 12:34:44 UTC
Permalink
Alan Mackenzie wrote:

> Oh, here we go again. That's FUD, Rjack. You're well aware that
> that only applies when the other decides to license his code under
> the GPL, possibly as a consequence of his (free) decision to
> incorporate some GPL code into his program.

You and thousands of GNUtians are SORELY confused if you truly believe
that an illegal contract (defined as one against "public policy")
becomes a legally enforceable contract just because someone freely
accepts the contract terms. Nothing could be farther from the truth.

For example, the United States Supreme Court in Continental Wall Paper
Co. v. Louis Voigt & Sons Co., 212 U.S. 227 (1909) opined:

"The Court cannot lend its aid in any way to a party seeking to
realize the fruit of an illegal contract, and, while this may at times
result in relieving a purchaser from paying for what he has had,
public policy demands that the court deny its aid to carry out illegal
contracts without regard to individual interests, or knowledge of the
parties."

See also, Eloise Fomby-Denson v. Department of the Army 247 F.3d
1366 (CAFC 2001):

"It is equally well-settled in the principles of general contract law
that courts may not enforce contracts that are contrary to public policy."

Sincerely,
Rjack
David Kastrup
2009-10-14 12:58:05 UTC
Permalink
Rjack <***@example.net> writes:

> Alan Mackenzie wrote:
>
>> Oh, here we go again. That's FUD, Rjack. You're well aware that
>> that only applies when the other decides to license his code under
>> the GPL, possibly as a consequence of his (free) decision to
>> incorporate some GPL code into his program.
>
> You and thousands of GNUtians are SORELY confused if you truly believe
> that an illegal contract (defined as one against "public policy")
> becomes a legally enforceable contract just because someone freely
> accepts the contract terms.

Now you just need to show

a) anything illegal in the GPL

b) that anything illegal in the GPL does not merely invalidate the GPL
(after which normal copyright laws and restrictions set in), but
replaces the permission granted by the GPL with an unconditional
permission to do whatever you want

Not just one, but two tiny little obstacles. You don't happen to be the
White Queen?

`You needn't say "exactly",' the Queen remarked. `I can believe it
without that. Now I'll give you something to believe. I'm just one
hundred and one, five months and a day.'

`I ca'n't believe that!' said Alice.

`Ca'n't you?' the Queen said in a pitying tone. `Try again: draw a
long breath, and shut your eyes.'

Alice laughed. `There's no use trying,' she said `one ca'n't believe
impossible things.'

`I daresay you haven't had much practice,' said the Queen. `When I
was your age, I always did it for half-an-hour a day. Why, sometimes
I've believed as many as six impossible things before
breakfast. There goes the shawl again!'


--
David Kastrup
Rjack
2009-10-14 13:34:08 UTC
Permalink
David Kastrup wrote:
> Rjack <***@example.net> writes:
>
>> Alan Mackenzie wrote:
>>
>>> Oh, here we go again. That's FUD, Rjack. You're well aware
>>> that that only applies when the other decides to license his
>>> code under the GPL, possibly as a consequence of his (free)
>>> decision to incorporate some GPL code into his program.
>> You and thousands of GNUtians are SORELY confused if you truly
>> believe that an illegal contract (defined as one against "public
>> policy") becomes a legally enforceable contract just because
>> someone freely accepts the contract terms.
>
> Now you just need to show
>
> a) anything illegal in the GPL

17 USC 301(a) preempts GPL's sec. 2(b).

When examining a copyright license one of the first things a federal
judge does is look for preempted terms -- it is mandatory he do so
since preemption could possibly remove his jurisdiction to even hear
the case.

> b) that anything illegal in the GPL does not merely invalidate the
> GPL (after which normal copyright laws and restrictions set in),
NOT.

A cause of action for promissory estoppal is created. I find it
curious that you actually believe that because someone relied on
*your* illegal contract of adhesion offer, you have the right to
sue them. That's real Stallman chutzpah! The ultimate scammer's scam
come true.

> but replaces the permission granted by the GPL with an
> unconditional permission to do whatever you want

Who said that? You gotta' mouse in your pocket?

>
> Not just one, but two tiny little obstacles. You don't happen to
> be the White Queen?

Forget *Through the Looking-Glass*. The fantasy allusions are
obviously too sophisticated for your little mind to grasp. Besides,
you're already residing in the delusional Land of GNU.

Sincerely,
Rjack
David Kastrup
2009-10-14 14:24:51 UTC
Permalink
Rjack <***@example.net> writes:

> David Kastrup wrote:
>> Rjack <***@example.net> writes:
>>
>>> Alan Mackenzie wrote:
>>>
>>>> Oh, here we go again. That's FUD, Rjack. You're well aware that
>>>> that only applies when the other decides to license his code under
>>>> the GPL, possibly as a consequence of his (free) decision to
>>>> incorporate some GPL code into his program.
>>> You and thousands of GNUtians are SORELY confused if you truly
>>> believe that an illegal contract (defined as one against "public
>>> policy") becomes a legally enforceable contract just because
>>> someone freely accepts the contract terms.
>>
>> Now you just need to show
>>
>> a) anything illegal in the GPL
>
> 17 USC 301(a) preempts GPL's sec. 2(b).

"preempts" is not the same as "makes illegal". Even if any court agreed
with you on that count. Which it doesn't.

So you add another impossible thing to believe in to your plate.

> When examining a copyright license

You mean, a purported copyright _contract_.

> one of the first things a federal judge does is look for preempted
> terms -- it is mandatory he do so since preemption could possibly
> remove his jurisdiction to even hear the case.

It does not matter. The client can perfectly well declare that he
considers the GPL illegal or irrelevant or a joke. Then he just has the
burden to explain what made him assume he could create and distribute
copies.

>> b) that anything illegal in the GPL does not merely invalidate the
>> GPL (after which normal copyright laws and restrictions set in),
> NOT.
>
> A cause of action for promissory estoppal is created. I find it
> curious that you actually believe that because someone relied on
> *your* illegal contract of adhesion offer, you have the right to sue
> them.

Hm? Did they rely on the license or not? If they did, why did they
ignore the terms?

> That's real Stallman chutzpah! The ultimate scammer's scam come true.

Not much to see here. You get a conditional permission and are free to
choose whether you make use of it or not. But you can't take the
permission and ignore the conditions.

>> Not just one, but two tiny little obstacles. You don't happen to be
>> the White Queen?
>
> Forget *Through the Looking-Glass*. The fantasy allusions are
> obviously too sophisticated for your little mind to grasp. Besides,
> you're already residing in the delusional Land of GNU.

Good company with existing court practice.

--
David Kastrup
Alan Mackenzie
2009-10-14 18:23:25 UTC
Permalink
In gnu.misc.discuss Rjack <***@example.net> wrote:
> Alan Mackenzie wrote:

>> Oh, here we go again. That's FUD, Rjack. You're well aware that
>> that only applies when the other decides to license his code under
>> the GPL, possibly as a consequence of his (free) decision to
>> incorporate some GPL code into his program.

> You and thousands of GNUtians are SORELY confused if you truly believe
> that an illegal contract (defined as one against "public policy")
> becomes a legally enforceable contract just because someone freely
> accepts the contract terms. Nothing could be farther from the truth.

Rjack, I absolutely refuse to entertain this sophistry yet one more
time. It's already been discussed to death on this mailing list.

Yet again: anybody is free to license his code with the GPL or any other
license of his choice. If he wishes to incorporate existing GPL
licensed code into his own program, then he must also license his program
under the GPL. That is the full extent of the alleged "compulsion" you
refer to.

Now, why don't you consider why so much software is licensed under the
GPL of whichever version. You know, there might just be a reason.
Exercise your mental faculties, and see what hypothes[ie]s you can come
up with.

> Sincerely,
> Rjack

--
Alan Mackenzie (Nuremberg, Germany).
Rjack
2009-10-14 19:34:19 UTC
Permalink
Alan Mackenzie wrote:
> In gnu.misc.discuss Rjack <***@example.net> wrote:
>> Alan Mackenzie wrote:
>
>>> Oh, here we go again. That's FUD, Rjack. You're well aware
>>> that that only applies when the other decides to license his
>>> code under the GPL, possibly as a consequence of his (free)
>>> decision to incorporate some GPL code into his program.
>
>> You and thousands of GNUtians are SORELY confused if you truly
>> believe that an illegal contract (defined as one against "public
>> policy") becomes a legally enforceable contract just because
>> someone freely accepts the contract terms. Nothing could be
>> farther from the truth.
>
> Rjack, I absolutely refuse to entertain this sophistry yet one more
> time. It's already been discussed to death on this mailing list.
>
> Yet again: anybody is free to license his code with the GPL or any
> other license of his choice. If he wishes to incorporate existing
> GPL licensed code into his own program, then he must also license
> his program under the GPL. That is the full extent of the alleged
> "compulsion" you refer to.

Alan, I absolutely refuse to entertain this sophistry yet one more
time. It's already been discussed to death on this mailing list.

Why not whip out your Oxford English Dictionary and look up the
meaning of "must" as in "then he must also license his program under
the GPL".

> Now, why don't you consider why so much software is licensed under
> the GPL of whichever version.

Never underestimate the gullibility of the American public.

> You know, there might just be a reason.

You know, there might just not be a
reason.

> Exercise your mental faculties, and see what hypothes[ie]s you can
> come up with.

I'll leave that to you Alan. Thanks anyway. I've got to hop over to
Groklaw and trash somebody behind their back.

Sincerely,
Rjack
Rui Maciel
2009-10-11 13:53:12 UTC
Permalink
Alexander Terekhov wrote:

> WHO OWNS ALL THE COPIES YOU'VE MADE THANKS TO THE GPL, HEELER?

The authors of the GPLed software, the copyright owners, still own the copyright to any copy made of their
work. The GPL states that the authors of the work covered by the license grant the right to use and
distribute their work to anyone interested, as long as they follow a set of conditions presented in the GPL.

The copyright owners won't lose their rights over their work just because someone made an extra copy of it.


Rui Maciel
amicus_curious
2009-10-10 18:32:50 UTC
Permalink
"Robert Heller" <***@deepsoft.com> wrote in message
news:***@posted.localnet...
>
> If one has, for example, a shrink wrapped copy, never opened (and thus
> never installed), it is perfectly legal to re-sell that copy. I
> believe that was citizen.org's case. Once you install it (eg open the
> box), then one 'has made a copy'. If you resell the box/CD/whatever,
> someone ends up with a non-legal copy (assuming that the software in
> question was not GPL or other open source, which was the case with the
> eBay vender vs Autodesk case that citizen.org defended).
>
That appears to be a wrong understanding of the facts presented in the case.
The eBay vendor obtained these used copies of AutoCAD from sources that had
moved to newer versions and had obtained the original materials. In the
case of the GPL, there is no need to root around getting old copies, you can
just as easily obtain a new copy at zero cost. Now that new copy can be
passed on as one pleases, with or without source, following the logic of the
eBay/AutoCAD case.
Robert Heller
2009-10-10 20:01:56 UTC
Permalink
At Sat, 10 Oct 2009 14:32:50 -0400 "amicus_curious" <***@sti.net> wrote:

>
>
> "Robert Heller" <***@deepsoft.com> wrote in message
> news:***@posted.localnet...
> >
> > If one has, for example, a shrink wrapped copy, never opened (and thus
> > never installed), it is perfectly legal to re-sell that copy. I
> > believe that was citizen.org's case. Once you install it (eg open the
> > box), then one 'has made a copy'. If you resell the box/CD/whatever,
> > someone ends up with a non-legal copy (assuming that the software in
> > question was not GPL or other open source, which was the case with the
> > eBay vender vs Autodesk case that citizen.org defended).
> >
> That appears to be a wrong understanding of the facts presented in the case.
> The eBay vendor obtained these used copies of AutoCAD from sources that had
> moved to newer versions and had obtained the original materials. In the

Which I guess implies that the original version was de-installed (the
copy on the hard drive was deleted in favor of the new version). No
unauthorized *copies* would exist.

> case of the GPL, there is no need to root around getting old copies, you can
> just as easily obtain a new copy at zero cost. Now that new copy can be
> passed on as one pleases, with or without source, following the logic of the
> eBay/AutoCAD case.

If it is passed on *as is*, there is no need to include the sources --
since the source is itself available from the same source as the new copy.
The GPL does not require you to re-distribute the sources if you didn't
modify them, you just need to be sure to include some kind of 'pointer'
to those sources. You only have to make the source code *available*.

More often as not, GPL software is available in source form, so
downloading the source arvhive and passing that along is entirely
reasonable, possible, and legal, with or without the the logic of the
eBay/AutoCAD case. As far as the GPL is concerned, eBay/AutoCAD case
is pretty much irrelevant. If one *modifies* a piece of GPL software
and distributes that, that is something different, since you have
*created* a *derived work* and the eBay/AutoCAD case would not apply,
since what you have is not a mere copy.

>
>

--
Robert Heller -- 978-544-6933
Deepwoods Software -- Download the Model Railroad System
http://www.deepsoft.com/ -- Binaries for Linux and MS-Windows
***@deepsoft.com -- http://www.deepsoft.com/ModelRailroadSystem/
amicus_curious
2009-10-10 21:06:16 UTC
Permalink
"Robert Heller" <***@deepsoft.com> wrote in message
news:***@posted.localnet...
> At Sat, 10 Oct 2009 14:32:50 -0400 "amicus_curious" <***@sti.net> wrote:
>
>>
>>
>> "Robert Heller" <***@deepsoft.com> wrote in message
>> news:***@posted.localnet...
>> >
>> > If one has, for example, a shrink wrapped copy, never opened (and thus
>> > never installed), it is perfectly legal to re-sell that copy. I
>> > believe that was citizen.org's case. Once you install it (eg open the
>> > box), then one 'has made a copy'. If you resell the box/CD/whatever,
>> > someone ends up with a non-legal copy (assuming that the software in
>> > question was not GPL or other open source, which was the case with the
>> > eBay vender vs Autodesk case that citizen.org defended).
>> >
>> That appears to be a wrong understanding of the facts presented in the
>> case.
>> The eBay vendor obtained these used copies of AutoCAD from sources that
>> had
>> moved to newer versions and had obtained the original materials. In the
>
> Which I guess implies that the original version was de-installed (the
> copy on the hard drive was deleted in favor of the new version). No
> unauthorized *copies* would exist.
>
>> case of the GPL, there is no need to root around getting old copies, you
>> can
>> just as easily obtain a new copy at zero cost. Now that new copy can be
>> passed on as one pleases, with or without source, following the logic of
>> the
>> eBay/AutoCAD case.
>
> If it is passed on *as is*, there is no need to include the sources --
> since the source is itself available from the same source as the new copy.
> The GPL does not require you to re-distribute the sources if you didn't
> modify them, you just need to be sure to include some kind of 'pointer'
> to those sources. You only have to make the source code *available*.
>
You are not very up on the GPL, I think. That failure of making publication
of the original, unmodified source was the only bone of contention in the
half dozen cases that the SFLC are trouting as GPL victories in court.
Peter Köhlmann
2009-10-10 22:02:59 UTC
Permalink
amicus_curious wrote:

>
> "Robert Heller" <***@deepsoft.com> wrote in message
> news:***@posted.localnet...
>> At Sat, 10 Oct 2009 14:32:50 -0400 "amicus_curious" <***@sti.net>
>> wrote:
>>
>>>
>>>
>>> "Robert Heller" <***@deepsoft.com> wrote in message
>>> news:***@posted.localnet...
>>> >
>>> > If one has, for example, a shrink wrapped copy, never opened (and
>>> > thus
>>> > never installed), it is perfectly legal to re-sell that copy. I
>>> > believe that was citizen.org's case. Once you install it (eg open
>>> > the
>>> > box), then one 'has made a copy'. If you resell the
>>> > box/CD/whatever, someone ends up with a non-legal copy (assuming
>>> > that the software in question was not GPL or other open source,
>>> > which was the case with the eBay vender vs Autodesk case that
>>> > citizen.org defended).
>>> >
>>> That appears to be a wrong understanding of the facts presented in the
>>> case.
>>> The eBay vendor obtained these used copies of AutoCAD from sources
>>> that had
>>> moved to newer versions and had obtained the original materials. In
>>> the
>>
>> Which I guess implies that the original version was de-installed (the
>> copy on the hard drive was deleted in favor of the new version). No
>> unauthorized *copies* would exist.
>>
>>> case of the GPL, there is no need to root around getting old copies,
>>> you can
>>> just as easily obtain a new copy at zero cost. Now that new copy can
>>> be passed on as one pleases, with or without source, following the
>>> logic of the
>>> eBay/AutoCAD case.
>>
>> If it is passed on *as is*, there is no need to include the sources --
>> since the source is itself available from the same source as the new
>> copy. The GPL does not require you to re-distribute the sources if you
>> didn't modify them, you just need to be sure to include some kind of
>> 'pointer'
>> to those sources. You only have to make the source code *available*.
>>

> You are not very up on the GPL, I think.

As usual, your "thinking" isn't worth shit
Hint: Just read and *try* to understand the GPL. It is quite clear on the
topic

> That failure of making
> publication of the original, unmodified source was the only bone of
> contention in the half dozen cases that the SFLC are trouting as GPL
> victories in court.

And that is the next complete blunder you are doing
--
Failure is not an option. It comes bundled with your Microsoft product.
Rui Maciel
2009-10-11 14:05:15 UTC
Permalink
Robert Heller wrote:

> If one has, for example, a shrink wrapped copy, never opened (and thus
> never installed), it is perfectly legal to re-sell that copy. I
> believe that was citizen.org's case. Once you install it (eg open the
> box), then one 'has made a copy'. If you resell the box/CD/whatever,
> someone ends up with a non-legal copy.

No. If you sell your software license to some other 3rd party then you will only end up with a non-legal copy
if you keep using the software without a license.


> assuming that the software in
> question was not GPL or other open source, which was the case with the
> eBay vender vs Autodesk case that citizen.org defended).

It's irrelevant to this case if the license is or isn't the GPL.


Rui Maciel
Rui Maciel
2009-10-11 13:59:01 UTC
Permalink
Robert Heller wrote:

> I think that the point of the citizen.org case (eBay vender vs
> Autodesk), is that if you have A copy in your possesion, you have the
> right to dispose of that copy (eg selling it).

By "dispose of that copy" you could've instead said "transfer your license to another third party".


> This is distint from
> *making a copy* of the copy. The only way this is a copyright
> infringement would be if you also had *made a copy* of the software
> (which would probably include the copy made when installing the
> software).

Exactly.


Rui Maciel
Alexander Terekhov
2009-10-13 17:10:17 UTC
Permalink
Tim Smith wrote:
[...]
> Groklaw seems to agree with you. PJ says the Autodesk ruling is "poison
> for FOSS" and hopes it is overturned.
>
> <http://www.groklaw.net/article.php?story=20091010152322226>

Yeah, yeah.

Well, at least her own pseudo-paralegal conclusions are quite a
contribution on the recreational front! ;-)

"Authored by: PJ on Monday, October 12 2009 @ 07:56 PM EDT

Once the license is first saled away, then
what stops you from putting a new license on
it? Say, a Microsoft license? From that
point onward, you can get rid of the second
license by first sale, etc., rinse and
repeat.

See why I think the Autodesk decision is
wrongly decided?"

"Authored by: PJ on Monday, October 12 2009 @ 07:58 PM EDT

He said it was a sale, not a license, because
there was no requirement to give back the old
CDs when you were done.

So the license goes poof. "

"Authored by: PJ on Tuesday, October 13 2009 @ 12:40 AM EDT

You are missing the legal dance being proposed.
If first sale trumps the license, there is no
GPL any more, and so the GPL doesn't say
anything or require anything. It's over. "

Ha ha.

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Hyman Rosen
2009-10-13 17:24:43 UTC
Permalink
Alexander Terekhov wrote:
> Well, at least her own pseudo-paralegal conclusions are quite a
> contribution on the recreational front! ;-)

I don't know why she seems to have gone off the deep end
over this; she seems to have forgotten that first sale
does not affect the rights of the copyright holder.

Your usual contention that copies of GPLed works you obtain
by downloading can then be sold without complying with the
GPL continues to be wrong, of course. 17 USC 106 separates
two rights of the copyright holder:
<http://www.law.cornell.edu/uscode/17/usc_sec_17_00000106----000-.html>
(1) to reproduce the copyrighted work in copies or
phonorecords;
...
(3) to distribute copies or phonorecords of the copyrighted
work to the public by sale or other transfer of ownership,
or by rental, lease, or lending;
The GPL grants you different permissions for these two
rights of the copyright holder. Creating the copies allowed
by the first does not give you permission to distribute them.
Alexander Terekhov
2009-10-13 17:43:17 UTC
Permalink
Hyman Rosen wrote:
[...]
> rights of the copyright holder. Creating the copies allowed
> by the first does not give you permission to distribute them.

Facts:

(1)

http://www.copyright.gov/reports/studies/dmca/sec-104-report-vol-1.pdf

"There is no dispute that section 109 applies to works in digital
form. Physical copies of works in a digital format, such as CDs or
DVDs, are subject to section 109 in the same way as physical
copies in analog form. Similarly, a lawfully made tangible copy of
a digitally downloaded work, such as a work downloaded to a floppy
disk, Zip™ disk, or CD-RW, is clearly subject to section 109."

(2)

http://en.wikisource.org/wiki/United_States_Code/Title_17/Chapter_1/Section_109

(House Report No. 94-1476 (Extract))

"To come within the scope of section 109(a), a copy or phonorecord
must have been "lawfully made under this title," though not
necessarily with the copyright owner's authorization. For example,
any resale of an illegally "pirated" phonorecord would be an
infringement, but the disposition of a phonorecord legally made
under the compulsory licensing provisions of section 115 would not."

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)

P.S. Go to doctor, Hyman.
Hyman Rosen
2009-10-13 17:56:39 UTC
Permalink
Alexander Terekhov wrote:
> lawfully made tangible copy

The copies made for personal use, under the GPL's
<http://www.gnu.org/licenses/gpl.html> "You may
make, run and propagate covered works that you do
not convey" provision aren't the lawfully made
tangible copies you're looking for.
Alexander Terekhov
2009-10-13 18:10:55 UTC
Permalink
Hyman Rosen wrote:
>
> Alexander Terekhov wrote:
> > lawfully made tangible copy
>
> The copies made for personal use, under the GPL's ...

*Run* to doctor, Hyman.

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Hyman Rosen
2009-10-13 18:24:40 UTC
Permalink
Alexander Terekhov wrote:
> Hyman Rosen wrote:
>> Alexander Terekhov wrote:
>>> lawfully made tangible copy
>> The copies made for personal use, under the GPL's ...
> *Run* to doctor, Hyman.

As an illustrative example, imagine that you videotape an
over-the-air broadcast television program. Do you believe
that first-sale allows you to sell the videotape? Do you
further believe that you may set up a battery of VCRs to
record the show multiple times and sell those tapes?
Alexander Terekhov
2009-10-13 18:39:46 UTC
Permalink
Hyman Rosen wrote:
[...]
> As an illustrative example, imagine that you videotape an
> over-the-air broadcast television program. Do you believe
> that first-sale allows you to sell the videotape? Do you

I believe that transfer of a fair use copy is subject to fair use
analysis just like the act of making that particular fair use copy
itself.

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Tim Smith
2009-10-13 19:18:32 UTC
Permalink
In article <IB3Bm.3197$***@newsfe04.iad>,
Hyman Rosen <***@mail.com> wrote:

> Alexander Terekhov wrote:
> > Hyman Rosen wrote:
> >> Alexander Terekhov wrote:
> >>> lawfully made tangible copy
> >> The copies made for personal use, under the GPL's ...
> > *Run* to doctor, Hyman.
>
> As an illustrative example, imagine that you videotape an
> over-the-air broadcast television program. Do you believe
> that first-sale allows you to sell the videotape? Do you
> further believe that you may set up a battery of VCRs to
> record the show multiple times and sell those tapes?

My copyright class in law school 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! :-)

--
--Tim Smith
Alexander Terekhov
2009-10-13 20:53:26 UTC
Permalink
[... PJ's comedy at www.groklaw.net/article.php?story=20091010152322226
... ]

"Chattels and software - a thought exercise

Authored by: swmcd on Tuesday, October 13 2009 @ 02:55 PM EDT

I'm completely lost.

"First sale works great with books. You can't run off a million copies
of a book in ten minutes and distribute over the Internet."

You can scan it and post it, which has substantially the same effect.

"Software isn't a book. [...] And to do its thing, you need a use
license. "

No, you need 17 U.S.C. § 117

"it is not an infringement for the owner of a copy of a computer program
to make [...] another copy [...] provided: (1) that such a new copy
[...] is created as an essential step in the utilization of the computer
program in conjunction with a machine "

P.J. says

"Vendors will never sell you software if you get to resell it without
the license. And with first sale, the license dies as to that copy. And
that copy can be duplicated a million times in minutes and distributed
over the Internet. "

Well, not legally, it can't. You need permission of the copyright holder
do that. "

<chuckles>

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Rjack
2009-10-14 00:08:36 UTC
Permalink
Hyman Rosen wrote:
> Alexander Terekhov wrote:
>> Hyman Rosen wrote:
>>> Alexander Terekhov wrote:
>>>> lawfully made tangible copy
>>> The copies made for personal use, under the GPL's ...
>> *Run* to doctor, Hyman.
>
> As an illustrative example, imagine that you videotape an
> over-the-air broadcast television program. Do you believe that
> first-sale allows you to sell the videotape? Do you further believe
> that you may set up a battery of VCRs to record the show multiple
> times and sell those tapes?

How does an "over-the-air broadcast television program" relate
to an "over-the-internet computer program" licensed under a FOSS license?

Before your silly "over-the-air broadcast television program"
rhetorical question even makes sense, you must stipulate what
license, if any, is applicable to the hypothetical
"over-the-air broadcast television program".

Sincerely,
Rjack
Hyman Rosen
2009-10-14 01:51:02 UTC
Permalink
Rjack wrote:
> How does an "over-the-air broadcast television program" relate
> to an "over-the-internet computer program" licensed under a FOSS license?

Both of them are legally copied in a way which restricts
further distribution of the copies.
amicus_curious
2009-10-14 03:01:06 UTC
Permalink
"Hyman Rosen" <***@mail.com> wrote in message
news:X8aBm.142618$***@newsfe21.iad...
> Rjack wrote:
>> How does an "over-the-air broadcast television program" relate
>> to an "over-the-internet computer program" licensed under a FOSS license?
>
> Both of them are legally copied in a way which restricts
> further distribution of the copies.

You seem to constantly miss the point of the decision by the District Court.
AutoCAD, too, tried to restrict the distribution of the copy. The copy was
purchased legally, presumably, since it had all the documentation with it
just as a copy of a GPL work might be obtained legally simply by downloading
from some source. The GPL makes no limitation to how the program may be
used. The GPL does try to restrict how the possessor of the copy passes it
to another in that it requires a copy of the source to accompany the
transfer or at least a way for the receiver to obtain a copy of the source.
That is more liberal than prohibition as tried by AutoCAD, but it is a
limiting condition nonetheless. The decision in court was that those
prohibitions do not apply due to doctrine of first sale. They don't apply
to the AutoCAD license and they don't apply to the GPL license. They don't
apply to Microsoft's licenses either. Until, of course the 9th Circuit sees
fit to say no to the idea.

Are over the air copies of a work restricted in some way from being given to
another?
Hyman Rosen
2009-10-14 14:36:10 UTC
Permalink
amicus_curious wrote:
> "Hyman Rosen" <***@mail.com> wrote
>> Rjack wrote:
>>> How does an "over-the-air broadcast television program" relate
>>> to an "over-the-internet computer program" licensed under a FOSS
>>> license?
>>
>> Both of them are legally copied in a way which restricts
>> further distribution of the copies.
>
> You seem to constantly miss the point of the decision by the District
> Court. AutoCAD, too, tried to restrict the distribution of the copy.
> The copy was purchased legally, presumably, since it had all the
> documentation with it just as a copy of a GPL work might be obtained
> legally simply by downloading from some source. The GPL makes no
> limitation to how the program may be used.

You miss the essential difference - when you download a copy of
a GPLed program, it is you who is making the copy, and therefore
you are bound by the license (if you choose to be; if not, then
you do not have a "lawfully-made copy"). When you purchase a box
of software, you are not making a copy, and so you are not bound
by any license when it comes to disposing of it.

The GPL allows you without restriction to make a copy which you
do not convey. Making copies to convey has restrictions, however.
Alexander Terekhov
2009-10-14 14:58:33 UTC
Permalink
Hyman Rosen wrote:
[...]
> You miss the essential difference - when you download a copy of
> a GPLed program, it is you who is making the copy, and therefore
> you are bound by the license (if you choose to be; if not, then

Let NYSD.USCOURTS.GOV know about that, Hyman. <chuckles>

http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF

<quote>

unlike the user of Netscape Navigator or other click-wrap or shrink-
wrap licensees, the individual obtaining SmartDownload is not made
aware that he is entering into a contract. SmartDownload is available
from Netscape's web site free of charge. Before downloading the
software, the user need not view any license agreement terms or even
any reference to a license agreement, and need not do anything to
manifest assent to such a license agreement other than actually
taking possession of the product. From the user's vantage point,
SmartDownload could be analogized to a free neighborhood newspaper,
readily obtained from a sidewalk box or supermarket counter without
any exchange with a seller or vender. It is there for the taking.

[...]

Unlike most of his fellow Plaintiffs, Michael Fagan alleges that he
obtained SmartDownload from a shareware web site established and
managed by a third party. Defendants dispute Fagan's allegations,
insisting that the record shows that he must have obtained
SmartDownload from Netscape's web site in the same manner as the
other Plaintiffs discussed above. I need not resolve this factual
dispute. If Fagan in fact obtained SmartDownload from the Netscape
site, his claims are equally subject to my earlier analysis. If,
however, Fagan's version of events is accurate, his argument against
arbitration is stronger than that of the other Plaintiffs. While
Netscape's download page for SmartDownload contains a single brief
and ambiguous reference to the License Agreement, with a link to the
text of the agreement, the ZDNet site15 contains not even such a
reference. The site visitor is invited to click on a hypertext link
to "more information" about SmartDownload. The link leads to a
Netscape web page, which in turn contains a link to the License
Agreement. Assuming, for the sake of argument, that Fagan obtained
SmartDownload from ZDNet, he was even less likely than the other
Plaintiffs to be aware that he was entering into a contract or what
its terms might be, and even less likely to have assented to be
bound by the License Agreement and its arbitration clause.
Therefore, Plaintiff Michael Fagan cannot be compelled

</quote>

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
David Kastrup
2009-10-14 14:58:55 UTC
Permalink
Alexander Terekhov <***@web.de> writes:

> Hyman Rosen wrote:
> [...]
>> You miss the essential difference - when you download a copy of
>> a GPLed program, it is you who is making the copy, and therefore
>> you are bound by the license (if you choose to be; if not, then
>
> Let NYSD.USCOURTS.GOV know about that, Hyman. <chuckles>
>
> http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF
>
> <quote>
>
> unlike the user of Netscape Navigator or other click-wrap or shrink-
> wrap licensees, the individual obtaining SmartDownload is not made
> aware that he is entering into a contract. SmartDownload is available
> from Netscape's web site free of charge. Before downloading the
> software, the user need not view any license agreement terms or even
> any reference to a license agreement, and need not do anything to
> manifest assent to such a license agreement other than actually
> taking possession of the product. From the user's vantage point,
> SmartDownload could be analogized to a free neighborhood newspaper,
> readily obtained from a sidewalk box or supermarket counter without
> any exchange with a seller or vender. It is there for the taking.
>
> [...]

But I can't take the "free neighbourhood newspaper", snap photographs of
its underwear models and sell them to underwear admirers. That is, I am
free to take the literal existing copies. I can hand them on. But
nothing allows me to create my own copies with my own copying mechanism
or _modify_ existing copies and create derivatives for distributing.

What I _can_ do is grab every free neighbourhood newspaper I can get and
sell them on Ebay. But I can't make my own copies or modifications
without permission and distribute them as original works.

--
David Kastrup
amicus_curious
2009-10-14 21:17:30 UTC
Permalink
"David Kastrup" <***@gnu.org> wrote in message
news:***@lola.goethe.zz...
> Alexander Terekhov <***@web.de> writes:
>
>> Hyman Rosen wrote:
>> [...]
>>> You miss the essential difference - when you download a copy of
>>> a GPLed program, it is you who is making the copy, and therefore
>>> you are bound by the license (if you choose to be; if not, then
>>
>> Let NYSD.USCOURTS.GOV know about that, Hyman. <chuckles>
>>
>> http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF
>>
>> <quote>
>>
>> unlike the user of Netscape Navigator or other click-wrap or shrink-
>> wrap licensees, the individual obtaining SmartDownload is not made
>> aware that he is entering into a contract. SmartDownload is available
>> from Netscape's web site free of charge. Before downloading the
>> software, the user need not view any license agreement terms or even
>> any reference to a license agreement, and need not do anything to
>> manifest assent to such a license agreement other than actually
>> taking possession of the product. From the user's vantage point,
>> SmartDownload could be analogized to a free neighborhood newspaper,
>> readily obtained from a sidewalk box or supermarket counter without
>> any exchange with a seller or vender. It is there for the taking.
>>
>> [...]
>
> But I can't take the "free neighbourhood newspaper", snap photographs of
> its underwear models and sell them to underwear admirers. That is, I am
> free to take the literal existing copies. I can hand them on. But
> nothing allows me to create my own copies with my own copying mechanism
> or _modify_ existing copies and create derivatives for distributing.
>
> What I _can_ do is grab every free neighbourhood newspaper I can get and
> sell them on Ebay. But I can't make my own copies or modifications
> without permission and distribute them as original works.
>
Certainly you could take them and stuff your own articles wherein you might
comment on the original or even add information not provided by the original
inside and give the combination away.
Rjack
2009-10-14 14:59:57 UTC
Permalink
Hyman Rosen wrote:
> amicus_curious wrote:
>> "Hyman Rosen" <***@mail.com> wrote
>>> Rjack wrote:
>>>> How does an "over-the-air broadcast television program"
>>>> relate to an "over-the-internet computer program" licensed
>>>> under a FOSS license?
>>>
>>> Both of them are legally copied in a way which restricts
>>> further distribution of the copies.
>>
>> You seem to constantly miss the point of the decision by the
>> District Court. AutoCAD, too, tried to restrict the distribution
>> of the copy. The copy was purchased legally, presumably, since it
>> had all the documentation with it just as a copy of a GPL work
>> might be obtained legally simply by downloading from some source.
>> The GPL makes no limitation to how the program may be used.
>
> You miss the essential difference - when you download a copy of a
> GPLed program, it is you who is making the copy, and therefore you
> are bound by the license (if you choose to be; if not, then you do
> not have a "lawfully-made copy"). When you purchase a box of
> software, you are not making a copy, and so you are not bound by
> any license when it comes to disposing of it.
>
> The GPL allows you without restriction to make a copy which you do
> not convey. Making copies to convey has restrictions, however.

You're still missing the point. 17 USC 109(a) states, "(a)
Notwithstanding the provisions of section 106(3), the owner of a
particular copy or phonorecord lawfully made under this title".
The *only* relevant license permission is the right to make a copy.
At the *instant* the lawful copy is made, "Notwithstanding the
provisions of section 106(3)" applies. You can "convey, propagate,
distribute" (or any synonyms thereof) the lawfully made copy.

Sincerely,
Rjack
Hyman Rosen
2009-10-14 15:13:24 UTC
Permalink
Rjack wrote:
> The *only* relevant license permission is the right to make a copy.

And that permission is granted without restriction by the
GPL for copies which are not to be conveyed. You cannot use
this permission to make such a copy and then say that first
sale gives you the right to convey it anyway.
Alexander Terekhov
2009-10-14 16:08:31 UTC
Permalink
Hyman Rosen wrote:
>
> Rjack wrote:
> > The *only* relevant license permission is the right to make a copy.
>
> And that permission is granted without restriction by the
> GPL for copies which are not to be conveyed. You cannot use

http://cyberlawcases.com/2009/10/01/court-rules-again-that-vernor-can-sell-autodesk-software/

"The court explains again why the Ninth Circuit precedent that it is
bound to follow, United States v. Wise, requires the result that Vernor
is the owner of the copies of the software. “Wise requires the court to
look at a transaction holistically, and the court finds no basis for the
conclusion that an agreement to permit perpetual possession of property
can be construed as reserving ownership.” This is the key factor in copy
ownership cases: perpetual possession. When a transaction results in an
individual being entitled to perpetual possession of the copy, as was
the case for Vernor, then courts should find that such individuals are
owners of their copies, entitled to a “first sale” right ..."

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Hyman Rosen
2009-10-14 16:19:48 UTC
Permalink
Alexander Terekhov wrote:
> When a transaction results in an individual being entitled
> to perpetual possession of the copy

Because it does not suit your incorrect theories,
you choose to disregard the difference that in
Autodesk, the purchaser of the copies did not make
them, whereas in the hypothetical GPL download case,
the downloader is himself making the copies and is
permitted to do so only by obeying the terms of the
license, which prohibit conveyance unless done under
its terms.
Alexander Terekhov
2009-10-14 16:32:41 UTC
Permalink
Hyman Rosen wrote:
>
> Alexander Terekhov wrote:
> > When a transaction results in an individual being entitled
> > to perpetual possession of the copy
>
> Because it does not suit your incorrect theories,

Man oh man, to doctor, to doctor you should go, Hyman.

http://www.dfc.org/dfc1/Active_Issues/graphic/first_sale.html

"as conceded by Time Warner, digital transmissions can result in the
fixation of a tangible copy.1 By intentionally engaging in digital
transmissions with the
awareness that a tangible copy is made on the recipient’s computer,
copyright owners are indeed transferring ownership of a copy of the work
to lawful recipients."

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Hyman Rosen
2009-10-14 16:49:22 UTC
Permalink
Alexander Terekhov wrote:
> Man oh man, to doctor, to doctor you should go, Hyman.
> http://www.dfc.org/dfc1/Active_Issues/graphic/first_sale.html

You have quoted the "Reply Comments of the Library
Associations" which is a wish list, not the law. The
law is going to shaped by various cases, but it's
clear that the notion that all copies made under
permission are subject to first-sale is unlikely to
be correct.

For example, various services exist which permit the
downloading of songs, and set a limit on the number
of devices to which that song may be copied. I don't
believe that the courts will hold that each such copy
becomes separately subject to first-sale permission.
Rjack
2009-10-14 19:18:31 UTC
Permalink
Hyman Rosen wrote:
> Rjack wrote:
>> The *only* relevant license permission is the right to make a copy.
>
> And that permission is granted without restriction by the
> GPL for copies which are not to be conveyed.


GPLv3:
********************************************************************
"To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user
through a computer network, with no transfer of a copy, is not
conveying...

4. Conveying Verbatim Copies.

You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program..."

*********************************************************************

It's bad enough that you make up your own copyright law.
Now you're making up your own GPL.

> You cannot use
> this permission to make such a copy and then say that first
> sale gives you the right to convey it anyway.

Oh yes you can. A breach of contract term does not determine
whether a copy is "lawfully made" under the Copyright Act.

HOUSE REPORT NO. 94-1476
"... Thus, for example, the outright sale of an authorized copy of a
book frees it from any copyright control over its resale price or
other conditions of its future disposition. A library that has
acquired ownership of a copy is entitled to lend it under any
conditions it chooses to impose. This does not mean that conditions
on future disposition of copies or phonorecords, imposed by a
contract between their buyer and seller, would be unenforceable
between the parties as a breach of contract, but it does mean that
they could not be enforced by an action for infringement of
copyright..."

Sincerely,
Rjack
Hyman Rosen
2009-10-14 19:26:32 UTC
Permalink
Rjack wrote:
> Now you're making up your own GPL.

It is always permitted to distribute GPLed code under
the GPL. We are discussing when and how it is permitted
to distribute the code otherwise.

> A breach of contract term does not determine whether a
> copy is "lawfully made" under the Copyright Act.

A copy made without permission is not lawfully made.
That permission may be granted by a license, in which
case the terms of the license must be honored.
Alexander Terekhov
2009-10-13 18:12:24 UTC
Permalink
Alexander Terekhov wrote:

[... http://www.groklaw.net/article.php?story=20091010152322226 ...]

> Well, at least her own pseudo-paralegal conclusions are quite a
> contribution on the recreational front! ;-)

The latest ones... priceless!

"Authored by: PJ on Tuesday, October 13 2009 @ 01:35 PM EDT

Not so. Think it through again. "

"Authored by: PJ on Tuesday, October 13 2009 @ 01:44 PM EDT

GPL is about freedom, son.

First sale is about being able to sell old stuff.

Puh lease. "

LMAO!

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Alexander Terekhov
2009-10-13 18:30:16 UTC
Permalink
LOL. Unbelievable!!!

http://www.groklaw.net/comment.php?mode=display&sid=20091010152322226&title=GPL%20%3D%2F%3D%20EULA%21%21%21%21%21&type=article&order=DESC&hideanonymous=0&pid=793329#c793360

"Authored by: PJ on Tuesday, October 13 2009 @ 01:39 PM EDT

You are missing the point. It doesn't matter if
the GPL isn't a EULA. What matters is that it is
a license. If you own your copy, then you don't have
a license any more. Your first sale right depends
on the transaction being a sale, not a licensed use.

Once it is a sale, you have your copy and first sale
rights, but to get that you have to give up the
license.

One or the other. So which do you want most, first
sale or the GPL?"

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
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