Date:   Tue, 01 Aug 2017 18:38:34 +0000
From:   nisus@...chan.it
To:     linux-kernel@...r.kernel.org
Subject: Re: [DNG] Yes I am an attorney. - Re: Identity of OP (Software
 written by contractors and the 'work for hire') concept - To Bruce Perens

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.
https://lkml.org/lkml/2017/7/31/449


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
> him.
> 
> Bruce
https://lists.debian.org/debian-user/2017/07/msg00830.html


(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
> gladly.
> 
> Thanks
> 
> Bruce



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.
> _______________________________________________
> Dng mailing list
> Dng@...ts.dyne.org
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