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Re: Psystar's legal reply brief in response to Apple
From: |
ZnU |
Subject: |
Re: Psystar's legal reply brief in response to Apple |
Date: |
Wed, 08 Dec 2010 15:58:06 -0000 |
User-agent: |
MT-NewsWatcher/3.5.3b3 (Intel Mac OS X) |
In article <ntmdnTdzHvTqrMDRnZ2dnUVZ_hCdnZ2d@giganews.com>,
RJack <user@example.net> wrote:
> On 8/7/2010 5:29 AM, ZnU wrote:
> > In article<qaadnWNQH_R5hcbRnZ2dnUVZ_oudnZ2d@giganews.com>,
> > RJack<user@example.net> wrote:
> >
> >> On 8/5/2010 3:34 PM, Hyman Rosen wrote:
> >>> On 8/5/2010 3:11 PM, Alexander Terekhov wrote:
> >>>> Hyman Rosen is spin doctoring CAFC's Jacobsen opinion
> >>>
> >>> The court ruled that the copyright conditions found in a specific
> >>> open license were indeed copyright conditions such that copying
> >>> without honoring them is copyright violation.
> >>
> >> And the Artistic License is not the GPL license. This is
> >> cognitively unacceptable to GPL crackpots on who have built their
> >> identity on asserting false legal claims concerning the GPL
> >> license.
> >
> > In what way are they different such that the Artistic License creates
> > copyright conditions but the GPL does not?
> >
> > [snip]
> >
> The Best Buy Inc. suit is being tried in the Southern District Court of
> New York which resides in the jurisdiction of the Federal Court of
> Appeals for the Second Circuit. The district court is *compelled* to
> follow the precedents of the Second Circuit. Any copyright decision like
> the Jacobsen v. Katzer Artistic License decision which was decided in
> the Court of Appeals for the Federal Circuit is utterly irrelevant.
> The Federal Circuit *cannot* set precedent in copyright law in *any*
> Circuit -- its a court of appeals designated for patent cases. The case
> of Graham v. James 144 F.3d 229 (2d Cir. 1998)
> http://blog.internetcases.com/2009/02/18/retrospective-graham-v-james/
> and its descendants in the Second Circuit will control the Best Buy Inc.
> copyright litigation.
That's not really an answer. I wasn't asking if the Jacobsen v. Katzer
precedent was legally binding on the court hearing the Best Buy case. I
was asking, essentially, why I should accept your opinion with respect
to whether the terms of a software license are covenants or conditions
over the opinion of a federal judge.
--
"The game of professional investment is intolerably boring and over-exacting to
anyone who is entirely exempt from the gambling instinct; whilst he who has it
must pay to this propensity the appropriate toll." -- John Maynard Keynes
- Re: Psystar's legal reply brief in response to Apple, (continued)
- Re: Psystar's legal reply brief in response to Apple, RJack, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Hyman Rosen, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, me, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Alexander Terekhov, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Hyman Rosen, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Alexander Terekhov, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, David Kastrup, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, RJack, 2010/12/08
- Message not available
- Re: Psystar's legal reply brief in response to Apple, ZnU, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, RJack, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple,
ZnU <=
- Re: Psystar's legal reply brief in response to Apple, RJack, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Alexander Terekhov, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, David Kastrup, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Alexander Terekhov, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Hyman Rosen, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, RJack, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Hyman Rosen, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, ZnU, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, Alexander Terekhov, 2010/12/08
- Re: Psystar's legal reply brief in response to Apple, ZnU, 2010/12/08