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Journal Journal: Plutus' Revenge

It was the only life-bearing planet in the entire universe; the very first planet to have life. It was the only planet in existence to have the conditions necessary for biogenesis, including being a double planet, each orbiting each other. The double planet was one of the keys of biogenesis, because of the tides. The timing of orbits and gravities had to be perfect, as well as chemical and photonic conditions.

Comment Re: ZFS is nice... (Score 1) 275

But it's combined by the user at runtime, not by canocal. The GPL allows an end users to do this.

This is a way that people kid themselves about the GPL. If the user were really porting ZFS on their own, combining the work and never distributing it, that would work. But the user isn't combining it. The Ubuntu developer is creating instructions which explicitly load the driver into the kernel. These instructions are either a link script that references the kernel, or a pre-linked dynamic module. Creating those instructions and distributing them to the user is tantamount to performing the act on the user's system, under your control rather than the user's.

To show this with an analogy, suppose you placed a bomb in the user's system which would go off when they loaded the ZFS module. But Judge, you might say, I am innocent because the victim is actually the person who set off the bomb. All I did was distribute a harmless unexploded bomb.

So, it's clear that you can perform actions that have effects later in time and at a different place that are your action rather than the user's. That is what building a dynamic module or linking scripts does.

There is also the problem that the pieces, Linux and ZFS, are probably distributed together. There is specific language in the GPL to catch that.

A lot of people don't realize what they get charged with when they violate the GPL (or any license). They don't get charged with violating the license terms. They are charged with copyright infringement, and their defense is that they have a license. So, the defense has to prove that they were in conformance with every license term.

This is another situation where I would have a pretty easy time making the programmer look bad when they are deposed.

Comment Re:Righthaven (Score 1) 67

What is right wing about filing a lawsuit to unmask a doe, suing that person, then settling for a much smaller amount. It seems this is used by many different trolls, and likely doesn't have any political ideology behind it. It is sleazy though. Filing a lawsuit with the intention of settling just to get a payout is wrong. It is short circuiting the justice system for personal profit.

Yeah that's neither right nor left, it's the universal language of greedy bloodsuckers.

Comment Re:ZFS is nice... (Score 1) 275

Uh, that doesn't work. The problem is that doing exactly what you've written down is contriving to avoid your copyright responsibility by deliberately creating a structure in someone else's work which you believe would be a copyright insulator. If you went ahead and did this (I'm not saying that you personally would be the one at Ubuntu to do so), I'd love to be there when you are deposed. Part of my business is to feed attorneys questions when they cross-examine you. I have in a similar situation made a programmer look really bad, and the parties settled as soon as they saw the deposition and my expert report. See also my comment regarding how Oracle v. Google has changed this issue. You can't count on an API to be a copyright insulator in any context any longer.

Comment Re:ZFS is nice... (Score 1) 275

I think you need to look at this in the context of the appeal of Oracle v. Google. We had a concept of an API being a boundary of copyright based on 17 CFR 102(b) and elucidated by Judge Walker's finding in CAI v. Altai. That stood for a long time. But Oracle v. Google essentially overturned it and we're still waiting to see what the lower court does in response.

Comment Re:Righthaven (Score 3, Interesting) 67

What is right wing about that process? The Democrats support the movie industry, not the Republicans.

The fact that Democrats support something doesn't negate the possibility of something being right wing. The Democrats are not ideologically pure, or ideologically homogenous, and very few of them can be considered "left".

To me, pretending that copyright is only about property rights, and ignoring the fact that copyright was also supposed to be about free speech and about making material available for free to the public after a limited time, is definitely "right wing".

Comment Re:DMCA needs to die (Score 1) 67

This has nothing to do with the DMCA, this is a straight out copyright infringement lawsuit being filed. The real problem is that the methods the copyright holders (or the copyright enforcement goons acting on their behalf) are using to identify torrent users aren't good enough and its good to see at least one judge willing to call these enforcers out on it.

Exactly. Would have been nice for judges to start doing this 11 years ago, but glad they've come around.

"I never let my schooling get in the way of my education." -- Mark Twain