Re: Copyright Misuse Doctrine in Apple v. Psystar

[Hyman Rosen]

Alexander Terekhov wrote:
> On this page
> http://www2.verizon.net/micro/actiontec/actiontec.asp
> Verizon continues to distribute GPL'd works in binary form utterly 
> ignoring the GPL.
> The case against Verizon 
> http://www.softwarefreedom.org/news/2007/dec/07/busybox/verizon.pdf
> was dismissed WITH PREJUDICE against plaintiffs.

The actual URL for downloading the firmware on the Verizon page is
<http://download.verizon.net/webdownload/firmware/upgrades/actiontec%20gateway/4.0.16.1.56.0.10.7-MI424WR.rmt>,
containing the string "actiontec gateway". That suggests that the
content may actually be residing on an Actiontec site, with the
Verizon webserver transmitting it from there. It's difficult to
know without doing discovery. It's not even especially clear in
such a circumstance if the entity doing the copying is the owner
of the webserver serving the file or the user requesting the
download. In any case, the manufacturer, Actiontec, makes the
GPLed sources available on its site, <http://opensource.actiontec.com/>,
which by the way has a very pretty logo on it involving a gnu, a
penguin, and a copyleft symbol -
<http://opensource.actiontec.com/images/gnu_tux_copy-left.jpg>.
The URL for the source of the above firmware is
<http://opensource.actiontec.com/mi1424wr/actiontec_opensrc_mi424wr_fw-56-0-10-7.tar.gz>