Re: [DNG] Yes I am an attorney. - Re: Identity of OP (Software written by contractors and the 'work for hire') concept - To Bruce Perens

From: nisus
Date: Tue Aug 01 2017 - 14:38:42 EST

Explain exactly how I was "wasting" your time. You responded with derision and mockery when I brought up laches; as if it was no issue. Then you made a claim that a court would accept a _plaintiff's_ claim that they just had to sit on their rights because they "had no money to hire a lawyer" when the court would simply inform said plaintiff that they can bring the action pro-se. There is not a right council in civil cases even for indigent defendants, and you mock me for bringing up laches when attempting to obtain injunctive relief when we are talking about a plaintiff in a civil case?

Courts don't even accept a civil defendants claim that they cannot pay an ordered judgement (where the court believes they money exist "somewhere" and the defendant is holding out) owing to the fact that the court had them jailed for contempt of court for six months prior and thus defendant had no means of raising said funds. Back in the slammer for another six months, over and over again. No, Bruce. A middle class programmer trying to defeat a laches affirmative defense, when he is of sound mind and body, solely with a claim of inability... will not work.

I brainstorm some of the affirmative defenses the opposition WILL use, and you mock me and put my reputation as it pertains to legal knowledge in a negative false light. This is when you, Bruce, are not an attorney and are thus not likely involved in the lengthy run-up to your court appearances (as an expert witness), where-as I am an attorney and must anticipate such road-blocks.

Here's another attorney on the LKML warning another poster about some... hmmm.. affirmative defenses ... such as laches and friends.
On 2017-07-30 07:14, David C. Rankin wrote:
On 07/30/2017 12:55 AM, David Lang wrote:
You are thinking of Trademarks, they must be defended or you loose them.
Contracts and Licenses do not need to be defended at every chance or risk
loosing them.

No, not always, it can apply in plain contract as well. The defenses that
could be later raised by grsecurity if this issue goes unaddressed is are (1)
latches; and (2) waiver. It is a slippery slope. While, without commenting on
the dubious nature of the current use of the defenses (as catch-all,
kitchen-sink affirmative-defenses), they can be expected to be raised if
rights under GPL to insure no further restrictions are placed on subsequent
use of the kernel-code are not enforced.

I hope there is a centralized forum that will be established for this issue
(there may be and I'm just not smart enough to have found it yet). Certainly,
if for nothing else, so the advantages and disadvantages of both action, and
inaction, can be peer-reviewed on both the legal and technical side.

For the record here's what Bruce Perens had to say about me:

OK, I apologize to all who were involved in this conversation. I will
block further emails from "aconcernedfossdev" and no longer encourage


(later a third party asked him why):
The statement about Grsecurity still stands. Aconcernedfossdev was
wasting my time with naive argument and I don't have to suffer fools



On 2017-08-01 15:04, Bruce Perens wrote:
The person posting as "nisus" is "MikeyUSA", who is mostly known for
way-over-the-top misogyny and trolling and is banned from Debian
lists, etc. Obviously I have the right to choose who I will correspond
with, and chose to block him for wasting my time before I was informed
who he actually was.
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