525 lines
23 KiB
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525 lines
23 KiB
Plaintext
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_______________________________________________________
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| March 1992 -==- Volume I Number 3 |
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| PROGRAMMING FREEDOM - online edition |
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| league@prep.ai.mit.edu |
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| The Electronic Newsletter of |
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| The League for Programming Freedom |
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| 1 Kendall Sq #143, POBox #9171, Cambridge MA 02139 |
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| Phone: (617) 243-4091 (voicemail only-leave your |
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|address or phone number, and we'll answer your query)|
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| Editor: Spike R. MacPhee (spiker@prep.ai.mit.edu) |
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| Reproduction of Programming Freedom via all |
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| electronic media is encouraged. |
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| To reproduce a signed article individually, |
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| please contact the author for permission. |
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|_____________________________________________________|
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<><><><><> TABLE OF CONTENTS <><><><><>
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John von Neumann Opposed Patents
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LPF publicity: Cons, media mentions, & volunteer efforts
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San Jose Mercury News Wed Feb 12, 1992: Apple puts price on suit
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Microsoft Files Dismissal Motions - Analysis by Charles B. Kramer
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LPF .signature publicity increasing
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On the road with rms - latest West Coast trip
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Mail: How can I find out when LPF meetings are going
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to be held? and a reply by Michael Ernst
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LPF at SD 92 - rms
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Who's News: Judge Walker Adds to Drama Of Apple Suit - DELETED
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LPF email lists - what they are for
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Mail: An opinion against direct mailing
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LPF Boutique: Materials Available from the League
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--==--
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John von Neumann Opposed Patents
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********************************
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The biography, `John von Neumann and the Origins of Modern Computing'
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(by William Asprey, MIT Press, 1990, pp. 41-45), describes a patent
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dispute in 1946-47 that Von Neumann had with Eckert and Mauchly over
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the EDVAC. Von Neumann had been a consultant to the EDVAC project and
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had contributed to many of the fundamental inventions there. In 1946,
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Eckert and Mauchly attempted to patent much of the EDVAC technology,
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including that which von Neumann claimed he had invented.
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The fight ended when a draft report on EDVAC that von Neumann had
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written in 1945 was held to be a prior publication. Thus, all of the
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inventions in question became part of the public domain.
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One result of this dispute was that von Neumann changed the patent
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policy for his computer project at the Institute for Advanced Studies.
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The original plan was to have patents assigned to individual
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engineers. Instead, all ideas were placed in the public domain.
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Von Neumann said "This meant, of course, that the situation had taken
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a turn which is very favorable for us, since we are hardly interested
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in exclusive patents, but rather in seeing that anything that we
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contributed to the subject ... remains as accessible as possible to
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the general public."
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--==--
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<><><>LPF publicity: Cons, media mentions, & volunteer efforts<><><>
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Send in any LPF mentions or volunteer efforts and we'll list it.
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Nov 91: Unix User reprinted "Against Software Patents"
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Jan - Feb: J. Eric Townsend of U. of Houston, Texas, jet@uh.edu, asked
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for LPF tshirts to sell locally and sold over a dozen, counting the
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three people who emailed and then wrote us as a result of his posts to
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Texas bulletin boards. He has a stock of handouts, stickers and a few
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buttons that he can give out in the local area.
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Feb 23-8: SD 92 conf in Santa Clara - we again took a booth (see
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article by rms).
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Mar 16: National Law Journal - article on rms & Feb 29 Computer Law
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Symposium at UCal Hastings College of Law.
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Mar 28-9: Boston Computer Society Macintosh Megameeting - LPF table
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Spring 92: (Vol 12 #1) EurOpen: Forum for Open Systems News Letter ran
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"Against Software Patents"
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--==--
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<>San Jose Mercury News Wed Feb 12, 1992: Apple Puts Price on Suit<>
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Nearly four years after it sued Microsoft Corp. for copyright
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infringement, Apple Computer finally put a whopping $4.4 billion price
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tag on the damages it alleges it suffered at the hands of Microsoft's
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Windows program.
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The enormous sum has no precedent in copyright law and few equals in
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any type of civil litigation in the United States. It is nearly twice
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Microsoft's #2.4 billion in revenues for all of 1991 and some 70
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percent of Apple's $6.3 billion revenues for the same year. The
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figure represents almost half the value of company Chairman William H.
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Gates' $7.35 billion stake in Microsoft.
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The figure is contained in a document filed by Apple in U.S. District
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Court in San Francisco on Feb. 1 but sealed until Tuesday, when the
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company agreed to allow Microsoft to make part of it public. It is
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the latest in a tortuous series of legal maneuvers since Apple sued
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Microsoft and Hewlett-Packard Co. in 1988, alleging that Microsoft had
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copied the "look and feel" of the Macintosh computer's user interface
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in its Windows program. H-P is involved because the New Wave user
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interface is based largely on Windows.
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The trial is expected to start this summer.
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According to a statement by Microsoft, the amount comprises slightly
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more than $3 billion Apple claims it suffered in reduced unit sales
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and depressed selling prices, and $1.4 billion in gross revenues it
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claims Microsoft realized selling Windows and related applications
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programs.
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The two companies disagree, however, on what the total figure means.
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Apple spokeswoman Barbara Krause said the sum is not Apple's actual
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damages claim but only the estimate of one expert witness, Robert E.
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Hall of the Hoover Institution at Stanford University. "We have not
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said what the damages will be," she said.
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But Microsoft contends it is Apple's "statement of damages," said
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William H. Neukom, Microsoft's vice president of law and corporate
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affairs, who described the figure as "unsupportable and speculative."
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Attorneys and analysts say the sum is very likely legal posturing, and
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both sides agree the figure Apple actually presents to the jury at the
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start of the trial could be different. Even if it is not, observers
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agree that the $4.4 billion is unlikely to be close to what Apple
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might be awarded should it win the case.
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"There will be no settlement at or near those figures," said Dan
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Kaufman, an intellectual-property attorney with Brobeck, Phleger &
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Harrison in Palo Alto. "If they ask for a number like that, they will
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have to fight to the death."
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The largest judgement in a similar case, involving a patent dispute
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over instant photography between Polaroid and Eastman Kodak, amounted
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to only $873 million -- nearly half of that interest accrued during
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the 14 years the case dragged through the courts. Only a few
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class-action lawsuits involving thousands of victims have ended up
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with multibillion-dollar judgements, Kaufman said.
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Throwing such a figure on the table "makes it difficult to see them
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settling this for cash," said Doug Kass, a Dataquest Inc. analyst.
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Both Apple and Microsoft say they have no current intention of
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settling the case.
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[The Mercury News lets non-profit corporations reprint their articles,
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and even allows electronic distribution.]
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Addendum: In March, Microsoft said that Apple had increased the
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damage claim in the lawsuit from $4.37 billion to $5.55 billion.
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--==--
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<>Microsoft Files Dismissal Motions - Analysis by Charles B. Kramer<>
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Microsoft has filed motions seeking to dismiss Apple's claims in their
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user-interface copyright infringement case. At issue is principally
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whether Microsoft's Windows copies a certain 10 "screen elements" from
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Apple's Macintosh GUI, and if so, whether the copying constitutes
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copyright infringement. The 10 elements are all that remain out of a
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much greater number of "similarities in particular features" that
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Apple earlier asserted were wrongfully copied by Microsoft.
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Taken together, Microsoft's motions ask for dismissal with respect to
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the 10 screen elements on three alternative and largely overlapping
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grounds. The grounds, in effect, are:
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[1] THE SCREEN ELEMENTS ARE ALREADY LICENSED TO MICROSOFT
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UNDER THE 1985 AGREEMENT THAT RESOLVED APPLE'S CLAIM THAT
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WINDOWS VER. 1.0 COPIED THE MACINTOSH GUI
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The 1985 Agreement has come to haunt Microsoft, because in it
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Microsoft got a license to the Mac GUI, but also "acknowledged" that
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Windows Ver. 1.0 derives from the GUI in a copyright sense.
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[2] THE SCREEN ELEMENTS CANNOT BE PROTECTED BY COPYRIGHT AS A
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MATTER OF LAW.
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In furtherance of this ground, Microsoft continues to assert, among
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other things, that the elements are not protected by copyright because
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they are merely the "functional" aspects of Apple's user interface,
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and are not "artistic" expression. Copyright law protects artistic
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expression, not expression that serves a functional purpose.
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[3] THE SCREEN ELEMENTS WERE NOT ORIGINATED BY APPLE.
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The status of this argument is the most unclear of the three. In
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August, the Judge overseeing the case ruled that if Apple had copied
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expressive elements of the Macintosh GUI "directly... from
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pre-existing works", then Apple "has no right to preclude others from
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using those same 'unoriginal' elements". But the Judge also ruled
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that Apple's GUI could be found original if the preexisting features
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it uses are "different" or are combined in an "innovative way". The
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Judge also mentioned that a certain law review article "might well
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provide a sound basis" for deciding the case.
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The law review article takes the position that copyright protection
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should be a function of how much financial investment has been put
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into a work. On March 25, 1992, the Wall Street Journal reported that
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Jerome Reichman, a copyright expert, stated that application of the
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theory to the Apple/Microsoft case is "just wild" and "really off the
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wall". Perhaps Mr. Reichman is thinking of a recent Supreme Court
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decision that emphatically stated (although not in a user interface
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context) that mere labor and effort are *not* substitutes for the
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originality that copyrights protect.
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>From the League's point of view, only dismissal on ground [2] would
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be a clear victory with the best chance of correctly directing the
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copyright/user interface debate. Unfortunately, Microsoft is unlikely
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to win dismissal on any of the 3 grounds, in which event the case will
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likely be decided by a jury.
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Charles B. Kramer -Attorney-
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>From Internet 72600.2026@Compuserve.com
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--==--
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<><><>LPF .signature publicity increasing<><><>
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Here's one example of a member who mentions LPF in his .sig, as a
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growing percentage of members do.
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...just to let you know. I receive one request for information
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about the LPF every two or three weeks on average. Not so bad.
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Francois Pinard ``Vivement GNU!'' pinard@iro.umontreal.ca
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Consider joining the League for Programming Freedom. Email for details
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And one person's request for LPF info as a result:
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Well, after seeing all these .signatures with your guys' name on
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it, I decided to find out what it was all about.
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Last issue, I said that we were getting 2 or more .sig-generated
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queries per week; now it's up to 4 or more per week. We've increased
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our size by one-third since the start of the year, from 450 to over
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600.
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Number of members who have joined or renewed within the last year:
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617. - srm -
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--==--
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<><><>On the road with rms - latest West Coast speaking trip<><><>
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This February, Richard Stallman gave five speeches for the LPF in the
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San Francisco area, including one of them at the Hastings College of
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the Law. The other talks were at Stanford, Berkeley, and two CPSR
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chapters.
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At some of these talks he ran into some opposition from a new group
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called the "Abraham Lincoln Patent Holders' Association", which was
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founded by Paul Heckel. (That is the person who threatened to sue the
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users of Hypercard in order to pressure Apple into paying him money.)
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One of Heckel's associates, a lawyer named Higgins, spoke at Hastings.
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The audience there seemed to believe Stallman more, but one attendee
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said, "That's because they are lawyers and they are trained to find
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the flaws in a fallacious argument. If it were a less sophisticated
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audience, many of them would believe Higgins because he is a lawyer."
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At one talk, Heckel himself showed up, and proceeded to live up to his
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name. Stallman mentioned the fact that Heckel has admitted not
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realizing that Hypercard might be considered to infringe Heckel's
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patent, until being informed of this by his lawyer. Heckel said, "I
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was simply misinformed as to the scope of my protection." Of course,
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this only substantiated the point that Stallman was trying to make,
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and pointing this out caused Heckel to sit down and keep quiet for the
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rest of the talk.
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Heckel came to Stallman's next talk also, but left three-quarters of
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the way through without saying anything. What does this mean?
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The optimistic interpretation is that he was stymied. The pessimistic
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one is that he came to gather ammunition.
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The remaining talk of the six was at the Critical Software Meeting -
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an annual meeting of people involved in software development for the
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DOD. This talk seems to have had mixed success: several of the
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attendees said they were stunned by what they heard; but they did not
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vote to choose intellectual property as a topic for further work
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during the meeting.
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--==--
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<>Mail: "How can I find out when LPF meetings are going to be held?"<>
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This question is becoming a FAQ (Frequently Asked Question).
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I don't know of any meetings coming up; the LPF tends to be light on
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face-to-face meetings. We do have an annual meeting in Boston near
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the end of each calendar year, and all members are notified weeks in
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advance. Adam Richter sometimes organizes meetings for members in the
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Berkeley area.
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Many of us do much of our interaction over the electronic nets, and
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projects (such as writing articles, having t-shirts printed, educating
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the public, etc.) tend to be initiated by one member, though others
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often help out. If you'd like to volunteer to do something, that's
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terrific, as we can always use more. If you can suggest a project
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you'd be willing to do, all the better.
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Members might want to organize meetings of the members in their area.
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People interested in doing this should contact both Spike MacPhee,
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spiker@prep.ai.mit.edu, and Adam Richter, adam@soda.berkeley.edu, to
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get help and advice.
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mernst@theory.lcs.mit.edu (Michael Ernst)
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Michael maintains the LPF off-line print library of LPF, patent, and
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copyright articles, and the on-line index to them. See "League Papers
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Online" in the Boutique section at the end of the issue.
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--==--
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<><><>LPF at SD 92 - Richard M. Stallman<><><>
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In February, the LPF had a booth at the SD92 trade show in Santa
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Clara, CA, just as we did a year ago. This show is attended primarily
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by software developers from the PC world.
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The primary purpose of the booth was to inform more programmers of the
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problems they face, and to recruit their support. A secondary goal
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was to raise money with buttons, t-shirts and mugs.
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The booth was staffed by Peter Deutsch, Peter Hendrickson, Hans
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Reiser, Adam Richter, and Richard Stallman.
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We had considerable success toward the main goal. We distributed
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around 700 buttons and probably 1500 position paper booklets. We
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signed up 14 new members at the booth.
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We didn't achieve the secondary goal; we spent around $2500 (including
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the cost of the supplies) and made back only around $1500. (It's
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possible that additional people who met us there will join and reduce
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the gap, but it will be hard to tell.) At this point, it is not clear
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whether we should consider this a cost-effective activity.
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--==--
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<><><> Who's News: Judge Walker Adds to Drama Of Apple Suit<><><>
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By Richard B. Schmitt, Staff Reporter of The Wall Street Journal
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WEDNESDAY, MARCH 25, 1992
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THE WALL STREET JOURNAL. (c) 1992 Dow Jones & Company, Inc.
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[The Wall Street Journal asked for $77 royalties for us to run 800
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copies of this two-page article in paper form only: they said it is
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illegal to reproduce this article in electronic form for network,
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email or database distribution, and would not give permission for
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anyone to do so for any of their articles. The LPF Board chose not to
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distribute this issue in paper form only. Check out this interesting
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article about the trial judge at your local library.]
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--==--
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<><><>LPF email lists - what they are for<><><>
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This moderated mailing list
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league-activists@prep.ai.mit.edu
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and its two sub-lists:
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league-activists-boston@prep.ai.mit.edu
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and league-activists-remote@prep.ai.mit.edu should be used only
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for members' requests for assistance in league projects, local or
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nationally, or for announcements from LPF.
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These lists are filtered by a moderator to:
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- insure this use;
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- minimize the number of messages;
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- remove items meant for the list's -request address;
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- forward items that should have been sent to another list.
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There may be a delay of up to 3 days for your message to be sent on
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L-act, so plan ahead for volunteer requests.
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League-tactics@prep.ai.mit.edu is for discussion of LPF directions and
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is not moderated.
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If you want to subscribe, change your eddress (email address), or be
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removed from either list, please use:
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league-activists-request@prep.ai.mit.edu
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or league-tactics-request@prep.ai.mit.edu
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Michael I. Bushnell is stepping down after a year of being the ecom
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(electronic communicator) for league@prep.ai.mit.edu, the LPF's
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information eddress. We would like to thank him for the 2-3 hours each
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week that he spent as a volunteer on our behalf answering queries.
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--==--
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<><><>Mail: an opinion against direct mailing - C. Jeffery<><><>
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Reading your [Jan] online edition of PROGRAMMING FREEDOM I am reminded
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of why I haven't renewed my League membership. I believe in the
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League and its objectives, but I will not support the use of direct
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mail campaigns. The easiest way to *not* support direct mail is to
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not renew my membership.
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99.9% of the direct mail I receive goes into the garbage can unopened.
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I resent it, and I suspect others may feel the same way. Did the
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League really reach 4000 people? I count 14 people, not 4000. Direct
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mail is also wasteful environmentally.
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I am not offering a solution to the problem of delivering the league's
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message where it is needed. I wish I could. But I am voicing an
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opinion about direct mailing. It has a worse effect on our society
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than software patents. The ends do not justify the means.
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Clinton Jeffery
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cjeffery@cs.arizona.edu
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Last year league-tactics got a half-dozen messages from members who
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objected to direct mail for one reason or another. This was Aubrey
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Jaffer's reply to them:
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Direct Mail is the least intrusive form of advertising. It takes
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less than a second to throw away a piece of mail. Unlike a
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billboard or poster or television advertisement you don't have to
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look at it day after day. For example, It took longer for me
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receive the first screen of your unsolicited message (at 1200
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baud) than it does for you to throw away mail.
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As for waste of paper and gas, We are sending out 4000 pieces
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compared to the billion of pieces a day the post office handles.
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Our mailing is made from recyclable materials (no windows in the
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envelopes).
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If a large number of League members object to direct mailing then that
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could be a reason to stop; but just a half-dozen doesn't seem like
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enough reason to stop, given that the officers don't share the
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sentiment. At present, the Board is planning to debate the
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feasibility of a 2nd experiment in direct mailing. Make your pro or
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con views known to us at league-tactics@prep.ai.mit.edu.
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--==--
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<><><> LPF Boutique: Materials Available from the League <><><>
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Send your order to the League address in the masthead.
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Buttons
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We have reprinted the famous ``fanged apple'' buttons. These
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buttons show the symbol of Apple computer with an alien snake's body
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and face.
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You can buy buttons by mail from the League, for $2 each, in
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quantities of at least three. We give out buttons at events, but ask
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for a donation.
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Stickers
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We also have stickers showing Liberty Empowering the Programmer,
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with the League's name and address.
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You can order stickers by mail from the League at the price of $5
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for 10 stickers; for larger orders, phone us to discuss a price. We
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hand them out free when it is convenient, such as at our events, but
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since mailing packages to individuals costs money, we want to make it
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an opportunity to raise funds.
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Post stickers at eye level and separated from other posted
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articles, to make them easy to see. The stickers are not made to
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survive rain.
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Liberty Postcards
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We also have postcards showing Liberty Empowering the Programmer,
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with the League's name and address. Same terms as the stickers.
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Large Liberty Posters
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We have a few posters with the same image that is on the
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stickers, approximately 2.5 ft by 1.5 ft. We used such posters to
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make signs for the protest rally. If you need some, talk with the
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League and we'll work out a deal.
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Coffee Mugs
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Our coffee mugs have the Fanged Apple design in full color on one
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side and ``League for Programming Freedom'' on the other. They hold
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twelve ounces and are microwave safe. You can order a mug for $15,
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nonmembers $17, plus $3.00 shipping and handling. They are now in
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stock. Note the price increase.
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T-Shirts
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Michael Ernst has produced t-shirts with Liberty and ``League for
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Programming Freedom'' on the front and ``Innovate, Don't Litigate'' on
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the back. (The back slogan will change from time to time.) You can
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order shirts by mail from the League for $10, nonmembers $12, plus $2
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for shipping and handling. Available colors are yellow, blue and
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peach; if you specify a color, we will assume you would rather have
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the other color than no shirt. If you want a chosen color or nothing,
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say so explicitly. Please specify the shirt size! (M, L or XL.)
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We are temporarily out of XL shirts, but are getting some back from a
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member who had volunteered to sell some and sold a dozen.
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Position Papers and Memberships
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We will send anyone a copy of the League position papers. If you
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want other copies to hand out at an event, we'll send you as many as
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you need. Please discuss your plans with us. One-year memberships
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are $42 for professionals, $10.50 for students, and $21 for others.
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The dues are $100 for an institution with up to three employees, $250
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for an institution with four to nine employees, and $500 for an
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institution with ten or more employees. For $5000, an institution can
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be a sponsor rather than a member. We have 10 inst. members, now.
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League Papers Online
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You can retrieve LPF written materials by anonymous ftp from
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prep.ai.mit.edu in the directory /pub/lpf. These include the position
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papers, membership form, handouts, friends of the court briefs, and
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articles about the LPF's issues of concern.
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League Video Cassettes
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We have video tapes of some of Richard Stallman's speeches for the
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LPF. If you'd like to give LPF speeches, we can send you copies of
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these tapes to give you an example to learn from. If you'd like
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copies for another purpose, we can send them for $20 each. <><><>
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<><><> End of March 1992 Programming Freedom <><><>
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