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Comment $100k total (Score 1) 36

I don't think the legal costs to date were included. The reasonable costs and attorney fees mentioned in the settlement were for filing the stipulated judgment if Katzer doesn't make the payments on time. Also, if they had to go to arbitration in the future, the looser would pay the winner's attorney fees.

I think Katzer was trying to give himself time to come up with the money rather than having the court put a lien on him or forcing him to pay the money immediately. Jacobsen got the injunction he wanted, though (he doesn't seem to trust Katzer for some reason), and by being able to force Katzer into binding arbitration, he should be able to avoid the hassle and expense of the courts if Katzer starts misbehaving again.

Comment Re:Yes, it does stand as a precedent (Score 1) 36

No, as TFA, which was written by a lawyer, makes clear, the decisions of the lower court that weren't overturned create precedent as well. The idea is that the law is to be administered consistently, so judges will tend to rule consistent with previous decisions. Precedent created by a lower court isn't as weighty as that set by a higher court, but it still exists.

The decision by the appellate court was on a very important point. If copyright law couldn't be applied to software that is copied and distributed without payment, F/OSS would have lost an important weapon. It was important that the court ruled that this does not make the licenses too broad to be enforced. All of the logic used by the Court of Appeals to reach that conclusion also sets precedent (or strengthens previously existing precedent).

I don't understand why you are making a big deal about the fact that the case was heard in federal court. Federal courts have precedence over state courts in matters of federal law. Copyright law is federal law.

Comment Re:Isn't this antithetical to GNU in general? (Score 2, Informative) 1008

Do the commercial Unix vendors holding those patents behave any differently than Microsoft (ahem SCO)?

At and before the time Linux was developed, yes, they behaved very differently. As a matter of fact, the real owners of the patents have always behaved differently. SCO never actually owned the patents, after all.

Comment Re:Another link (Score 1) 236

I'm in the real world, where I didn't say anything about PJ not being level-headed or insightful in absolute terms. I just said that Andy Updegrove is a bit more so. That was in the context of document standards, of course. That is much more his area of expertise than it is PJ's.

PJ was very level-headed and insightful when the subject was SCO's lawsuits. Her background was very relevant then. On subjects that don't have much to do with lawsuits or the GPL (e.g., OOXML) she often doesn't do as well.

To see what I mean, compare how PJ and Andy blogged about UOF when they first heard about it:

PJ was already declaring victory for ODF in 2006 (before OOXML even got to ISO/IEC) just because UOF existed and there was some people were interested in harmonizing UOF and ODF! If that doomed OOXML, what has all of the fuss in the last couple of years been about then?

Andy is a lawyer and mostly a big picture guy. If you want more technical details, you might want to check out some other blogs, such as Rob Weir's that talk about ODF, OOXML and so on. Rob is a co-chair of the OASIS ODF technical committee, so he knows what he's talking about. As a paralegal turned journalist, PJ just doesn't have the kind of background that bloggers like Rob and Andy have.

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