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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

From: Alexander Terekhov
Subject: Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)
Date: Tue, 04 Apr 2006 17:10:55 +0200

Time to address this little bit of silly propaganda.

Rui Miguel Silva Seabra wrote:
> One of Lex Terekhov's favorite "heroes" looses his "cause":
>         Mr. Wallace's fourth Amended Complaint was dismissed and the
>         Free Software Foundation's Motion to Dismiss was granted. It's
>         the Order that tells Wallace to pay the Free Software
>         Foundation's costs. Judges do that when they'd like you to learn
>         a good lesson. It's a signal you shouldn't have brought the case
>         in the first place.

That seems to be at odds with what it says in FRCivP 54(d):

"... costs other than attorneys' fees shall be allowed as of course 
to the prevailing party ..."

Interestingly enough, the FSF has not filed a bill of costs. And it 
appears that the 14-day deadline for doing so has expired.

"... Failure to file such bill or motion or to obtain leave of Court 
for extensions of time within which to file shall be deemed a waiver 
of the right to recover taxable costs or attorney fees."


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