Apple, Psystar File Motions for Summary Judgement
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[4]: OSNews legal analysis
by rhavyn on Mon 12th Oct 2009 20:02 UTC in reply to "RE[3]: OSNews legal analysis"
rhavyn
Member since:
2005-07-06

PJ has started writing drivel like this:

"This is what I saw from the beginning, that this is an attack on the GPL and on FOSS, using Apple as a smokescreen [...] I have believed from day one that Psystar's real goal is to undermine or destroy Open Source licenses, particularly the GPL. That was SCO's goal too."

The black helicopters are strong in that one. I'm sorry, but if you write unsubstantiated nonsense like that, then you lose credibility, no matter the good work she's done (and does).


I'm sorry but do you know what the word unsubstantiated actually means? You can agree or disagree, but to say that she provides no substantiation is, as per usual for you, factually incorrect.

She equates licenses like the GPL to EULAs, and as anyone with a sane mind will tell you, that's utter bullshit. I find it very, very odd that someone like PJ is writing such nonsense - in fact, I first thought her site had been hacked or something.


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.

Reply Parent Score: 0

Thom_Holwerda Member since:
2005-06-29

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?

http://www.osnews.com/story/22233/The_Difference_Between_EULAs_and_...

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

Reply Parent Score: 1

RE[6]: OSNews legal analysis
by boldingd on Mon 12th Oct 2009 20:12 in reply to "RE[5]: OSNews legal analysis"
boldingd Member since:
2009-02-19

The point continued to be contested, and obviously, continues to be contested. The fact that you wrote and published an article supporting your own point of view does not in any way constitute a proof of your position.

Reply Parent Score: 2

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RE[6]: OSNews legal analysis
by sbergman27 on Mon 12th Oct 2009 20:14 in reply to "RE[5]: OSNews legal analysis"
sbergman27 Member since:
2005-07-24

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

I beg to differ. They are both written using letters which form words. Last I looked, that qualified as "any way".

Reply Parent Score: 2

RE[6]: OSNews legal analysis
by rhavyn on Mon 12th Oct 2009 20:23 in reply to "RE[5]: OSNews legal analysis"
rhavyn Member since:
2005-07-06

"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?

http://www.osnews.com/story/22233/The_Difference_Between_EULAs_and_...

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.

Reply Parent Score: 3

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