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> Real name pls, if want to be taken somewhat serious? Thank you. |
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So where my logic cannot be attacked, my person may be instead? |
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Do you think me a fool, simply because you do not know what you do not |
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know (the law), yet think you do (an attribute of many programmers: know |
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one field, know them all!)? |
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|
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I've explained the law again and again. |
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|
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But here it goes: |
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|
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Under the copyright statute, copyrighted works are alienable in all the |
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ways property is. |
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You can sell, transfer, and license etc. |
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|
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Copyright comes into existence the moment your work is placed in a fix |
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form. The copyright is owned by the progenitor (you the programmer) |
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until such time as you transfer it (ex: to an employee by way of |
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employment agreement stating such terms), or you die (now your |
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descendants own the rights), or you or your descendants elect to use the |
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"claw-back" provisions in the US copyright act some decades after the |
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work was fixed. |
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|
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You, both BSD programmers, and Linux kernel programmers have elected to |
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neither sell nor transfer in other ways your copyrights. |
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Instead you have chosen to license your works. |
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|
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A license is a temporary grant. |
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Under property law it can be rescinded when the property owner wishes to |
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do so. |
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|
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Unless, the property owner has been payed to forgo that right. |
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That is: if the property owner has been payed by the licensee to promise |
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that he will not rescind the license, |
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then if the property owner elects to rescind the license the court may |
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estop the property owner from doing so |
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because the licensee has payed the owner FOR that right. |
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|
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Equivalent exchange, if you will. (But the court does not look to if the |
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consideration was... equivalent, just that there was an exchange of some |
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consideration (read: money, goods, services) and a meeting of the minds |
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(both parties ment to do this)) |
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|
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In the case of most linux and BSD licensees nothing has been payed by |
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them to the programmers(you the copyright holders) to induce a |
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forbearance of the underlying rights of the property owners. |
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|
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Thus the original default rights still stand. |
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You can rescind at will. |
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|
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Additionally, you have never promised that you would forego the |
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utilization of your property rights, |
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so there is no promise anyone could reasonably rely upon to estop you |
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from utilizing said rights. |
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Additionally, Licensee "E" did not pay you for that non-existent promise |
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either. |
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|
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You are not bound. You may rescind. |
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|
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You now know why the FSF requires programmers to assign all copyrights |
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to it. |
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You now know why Eben Moglen remains silent these last two months. I am |
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correct, yes I am a lawyer, and yes anything he speaks further would |
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simply show the weaknesses in his (magnanimously) taken position in |
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trying to fool the Programmers into thinking they have forfeited rights |
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they have not. |
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|
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On 2018-12-27 21:53, Bernd Petrovitsch wrote: |
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> On 27/12/2018 21:30, vsnsdualce@××××××××.net wrote: |
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> |
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> Real name pls, if want to be taken somewhat serious? Thank you. |
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> |
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>> Why is no one discussing this anymore. |
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> |
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> You don't discuss anything in the first place: You just spam mails with |
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> claims without any reproducible proof. |
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> And since we are here on a techie-list, said proofs should be |
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> techie-understandable - it's not that techies adjust to non-techies if |
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> it goes in the other direction. |
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> |
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>> It's like you just accepted the "NU UH U WRONG" proclamation from |
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> |
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> "Proof by claim"? I don't think so .... |
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> |
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>> Are you idiots [...] |
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>> |
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>> Are you idiots aware that I am a lawyer[...] |
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>> |
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>> Are you idiots [...] |
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> |
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> Interesting "qualities" of communication are apparently in order for |
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> (alleged) lawyers in your part of the world. |
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> |
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> MfG, |
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> Bernd |
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> |
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> PS: Sry for feeding the troll- won't happen anymore, it's only spam |
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> after all ... |