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Re: Justice draws nigh
From: |
David Kastrup |
Subject: |
Re: Justice draws nigh |
Date: |
Wed, 08 Dec 2010 15:55:23 -0000 |
User-agent: |
Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux) |
David Kastrup <dak@gnu.org> writes:
> Hyman Rosen <hyrosen@mail.com> writes:
>
>> On 5/12/2010 4:34 PM, David Kastrup wrote:
>>> You have to have sufficient overlap. But it would be pointless to
>>> demand registration of some "exact version" when the defendant has
>>> modified the original version. Of course the plaintiff can't register
>>> the exact version resulting from the defendant's modifications.
>>
>> I don't believe that in the cases mounted by the SFLC the
>> defendants distributed a version they themselves modified.
>
> Yes, but it is not relevant for the argument to hold. Of course the
> court has an interest in doing no unnecessary work. That's the point of
> demanding registration in the first place.
>
> But I should think that there is a limit to the amount of mostly
> pointless exact version detective work they can demand from plaintiffs.
As a postscriptum: of course this is _completely_ different if the
different versions have been conveyed under different licenses (if at
all).
If the licensee has a license for 0.59 and has modified it extensively,
and the plaintiff sues for illicit use of version 0.60, of _course_ he
needs to register 0.60 and demonstrate that parts of it have been used
(and not, like in the case of non-trivial bug fixes, independently
developed).
In this case it is interesting how the defendant can bolster his claim
about having used only 0.59 code when the 0.59 code has _not_ been
registered. Possibly there is no way to enforce registration for _that_
version even though it is part of the case, but as a defense. And one
can't ask the defendant to register this version...
--
David Kastrup
- Re: Justice draws nigh, (continued)
- Re: Justice draws nigh, RJack, 2010/12/08
- Re: Justice draws nigh, David Kastrup, 2010/12/08
- Re: Justice draws nigh, Hyman Rosen, 2010/12/08
- Re: Justice draws nigh, David Kastrup, 2010/12/08
- Re: Justice draws nigh, Hyman Rosen, 2010/12/08
- Re: Justice draws nigh, David Kastrup, 2010/12/08
- Re: Justice draws nigh, Hyman Rosen, 2010/12/08
- Message not available
- Re: Justice draws nigh, Hyman Rosen, 2010/12/08
- Re: Justice draws nigh,
David Kastrup <=
- Re: Justice draws nigh, RJack, 2010/12/08
- Re: Justice draws nigh, Hyman Rosen, 2010/12/08
- Re: Justice draws nigh, RJack, 2010/12/08
- Message not available
- Message not available
- Re: Justice draws nigh, Hyman Rosen, 2010/12/08
- Message not available
- Re: Justice draws nigh, RJack, 2010/12/08
- Re: Justice draws nigh, David Kastrup, 2010/12/08
- Re: Justice draws nigh, Hyman Rosen, 2010/12/08
- Re: Justice draws nigh, RJack, 2010/12/08
- Message not available
- Message not available
- Re: Justice draws nigh, Alan Mackenzie, 2010/12/08
- Re: Justice draws nigh, RJack, 2010/12/08