Linked by Thom Holwerda on Mon 12th Oct 2009 18:25 UTC
Legal Now that all the nastiness of the discovery phase is behind us in the Apple vs. Psystar case, both parties are trying to get the case settled before it goes to court, much like the recent Vernor vs. Autodesk case. Both Apple and Psystar have filed motions asking for a summary judgement.
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RE[6]: OSNews legal analysis
by rhavyn on Mon 12th Oct 2009 20:23 UTC in reply to "RE[5]: OSNews legal analysis"
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"The GPL (and other open source license) and EULAs rely on many of the same legal principles. Which, if you knew anything about contract law, you'd understand. Now, go do some actual research on how the Autodesk ruling and first sale rights with respect to software will effect redistribution licenses like the GPL.

Oh, you mean like this?

The GPL is NOT, I repeat NOT, in ANY WAY like an EULA.

Wow, you posted an article you wrote to prove your point. Now, lets look at the actual analysis on the article, we'll start with legal citations. Oh, wait, there aren't any. Let's look at a language analysis between the different types of contracts. Oh, no quotes from any of them. Well, there are some charts.

Thom, look, I know that you have an opinion on this. Unfortunately, you are utterly incapable of backing up your opinion in a way that would pass the smell test of even a first year legal student. Your article lives in a fantasy world that pretends that who you distribute your software to or whether it is providing additional rights or removing rights matters. It simply doesn't. The EULA and the GPL are contracts and need to be analyzed as contracts. If you'd like to actually do some real research and cite real laws and real court cases and real contract language and then compare how a SLA will be effected by the first sale doctrine versus something like the GPL, I'd be happy to read it. But if you're just going to repeat the asinine drivel you normally post, then it's a waste of everyone's time.

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