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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Alexander Terekhov
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Fri, 27 Feb 2009 20:23:13 +0100

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > http://en.wikipedia.org/wiki/EU_Copyright_Directive
> 
> <http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML>
>      (27) The mere provision of physical facilities for enabling
>      or making a communication does not in itself amount to
>      communication within the meaning of this Directive.
> 
> Since Verizon provides a link to an "actiontec gateway" URL,
> it can easily be argues that it's Actiontec, not Verizon, who
> is making the software available. 

Stop being such an idiot, Hyman. Even under your bizzare theory that
Verizon's host contacts and "retransmits" data from Actiontec's host for
each downloading, the facts are

(1) downloaders receive material from Verizon's host 

(2) Verizon selected that material, 

(3) Verizon initiates the transmission by offering that material on
http://www2.verizon.net/micro/actiontec/actiontec.asp.

"Click the below link. The updated firmware will begin downloading
immediately."
  
http://www4.law.cornell.edu/uscode/17/512.html

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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