1) I don't know about tracking him down. Alternatively, they can go after the validity of the GPL/GNU license. Get the license revoked and the public won't download the software because they will think it is illegal. And if it is declared illegal, they can probably get the website blocked in the U.S.
(2)
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the purpose and character of the use, including whether such use is of a commercial nature
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Yes, this is the factor in the fair use judicial balancing test I was refering to. Now tell me how my using Freetrack to play IL-2 with my webcam is of a commercial nature/benefit to me, the end user, or the Freetrack developer? Or, if you instead agree that the usage is non-commercial, then prove how this non-commercial usage of the TrackIR interface is harmful to Naturalpoint?
As to the fourth factor that you expand on, I had no idea there was a market for TrackIR interface code? I guess you buy that on E-bay. Remember, NP has no patent on hardware and their patent-pending language offers no legal protection.
02-22-2011, 06:31 AM
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