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Re: [News] BT's Illegal Whorm and Net Throttling (of Everyone) Come Under Fire

A J Hawke <givemespam@xxxxxxxxxxxxxxxxxxxxxxxx> espoused:
> On Fri, 08 Aug 2008 11:14:05 -0400, Moshe Goldfarb. wrote:
>
>> On Thu, 07 Aug 2008 18:28:50 -0700, Tim Smith wrote:
>> 
>>> Has COLA's resident BT employee had anything to say about this?
>> 
>> I'd bet BT would shit their dinner if they knew about his comments
>> regarding "intellectual property".
>> 
>> IOW "there is no such thing as intellectual property".
>> 
>> Reading the description of BT as a company, that would be like telling
>> IBM the color blue doesn't exist.
>
> I thought that colour was reserved for Microcrap and its death screen?
>

Again, for the record, all the lawyers I know are well aware that
"Intellectual Property" has no formal legal definition, instead, is a
catch-all phrase intended to pull together aspects of copyright, patent
and trademark.

Again, for the record, during my day job, I discuss these issues on a
fairly regular basis with the legal people in my company.  They, and
I, appreciate that there is no legal basis for the term "Intellectual
Property", rather, it's a catch-all phrase intended to pull together
copryight, patent and trademark into a handy sound-bite.

Usage of that sound-bite might be appropriate on occasion, however,
when discussing legal issues, it's not correct to use it.

To put it another way, you can't "shop" me, or embarrass me in any way
on this - I've had these conversations with people who understand this
subject well enough to appreciate the subtleties which Gary Stewart
clearly does not.

Indeed, anyone using the term "sh1t their dinner" with respect to a
legal issue is clearly sub-standard and should be backing away and
letting the experts deal with the subject.

I do not speak for my employer, nor can I.  My employer has a press
department intended to do such things.  If you wish to contact them,
a quick google will get you there.

So, just to make this *really* clear, "Intellectual Property" is a
sound-bite with no formal, legal, definition.  Trademark, copyright and
patent, contrarily, have legal definition and existence.

Gary, Timmy:  I know that this won't stop you trying to destroy my
credibility through your off-topic, anti-charter posting here, and your
attempts to pollute the web with similar libellous material, however,
be aware that your actions are illegal, and your behaviour is precisely
the kind of behaviour which is resulting in governments trying to clamp
down on the once anonymous nature of the internet.  If you wish to stay
out of legal hot water, I strongly suggest that you cease your childish
attempts in this regard.

With respect to "Intellectual Property", JAIN SLEE and other aspects of
my actual work (which has nothing at all to do with my employer's ISP
activities - I work on the telecoms platforms), then I've made a
detailed posting of that.  I notice that you're so cowardly that you've
made no follow-up?  I know why - it proves, 100%, that your claims to
have exposed some major secret are completely incorrect.  I am, and have
always been, completely, 100% consistent in my opinions, position and
expressed views with regards to open source, open platforms and open
standards.

So, let's try this again, shall we:  In legal terms, there is no such
thing as intellectual property.  There is copyright, and there is patent,
and there is trademark.  Intellectual Property is a handy sound-bite,
nothing more, which can refer to one or more of trademark, copyright
or patent, and I do sometimes use the term in this way; however, when
discussing whether some download or development activity or other
is legal, then the term is at best confusing, since it has no formal
definition.  With respect to a discussion regarding JAIN SLEE, then
it's quite clear that it's referring to the copyright and patent issues
affecting telephony applications running on the JAIN SLEE or other SCP or
SSCP or SIP server or other differently connected applications server.
Again, anyone knowledgeable about this area would see this immediately,
the context, JAIN SLEE, shows this beyond doubt.  However, for those
of you like Timmy and Gary Stewart (aka Moshe this week, except when
he's ezekial), who haven't a clue about what JAIN SLEE does, oh yeah,
that would also include Hans Schneider and Alexander Terekov, then I
can see that you chaps could easily be confused about the reference and
its relevence.  Your lack of knowledge of how telecoms networks are built
and work is clearly going to leave you up the creek without a paddle.

So, rather than exposing your lack of knowledge with regards to
copyright and patent and its impact on SCPs, SSCPs, JAIN SLEE, SIP
Servers and so on by "exposing" something which is blindingly obvious to
those of us who do this, why don't you take some time to learn about the
subject.  Of course, I've no doubt that you'll become more than a little
embarassed about it, as it'll become quite clear to you just how inane
most of your remarks have been on this, still, it's never a bad thing to
learn, and it's never too late to learn.


-- 
| mark at ellandroad dot demon dot co dot uk                           |
| Cola faq:  http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/   |
| Cola trolls:  http://colatrolls.blogspot.com/                        |
| Open platforms prevent vendor lock-in.  Own your Own services!       |


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