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Re: SFLC's GPL court enforcement -- track record

From: Alexander Terekhov
Subject: Re: SFLC's GPL court enforcement -- track record
Date: Fri, 07 Dec 2007 15:16:19 +0100

Alexander Terekhov wrote:
> U.S. District Court
> United States District Court for the Southern District of New York
> (Foley Square)
> CIVIL DOCKET FOR CASE #: 1:07-cv-08205-LAP
> Andersen et al v. Monsoon Multimedia, Inc.
> Assigned to: Judge Loretta A. Preska
> Cause: 17:501 Copyright Infringement
> Date Filed: 09/19/2007
> Date Terminated: 11/30/2007
> Jury Demand: None
> Nature of Suit: 820 Copyright
> Jurisdiction: Federal Question
> 11/30/2007 NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of
> the F.R.C.P.: Plaintiffs hereby dismiss this action against defendants
> without prejudice and without costs to any party. (Signed by Judge
> Loretta A. Preska on 11/29/07) (tro) (Entered: 11/30/2007)

Rule 41. Dismissal of Actions 

(a) Voluntary Dismissal.
(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2 and 66
and any applicable federal statute, the plaintiff may dismiss an action
without a court order by filing:

(i) a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment; or 

(ii) a stipulation of dismissal signed by all parties who have appeared. 

(B) Effect. Unless the notice or stipulation states otherwise, the
dismissal is without prejudice. But if the plaintiff previously
dismissed any federal- or state-court action based on or including the
same claim, a notice of dismissal operates as an adjudication on the

Interesting effect... it appears to me that on next Voluntary Dismissal
(recent cases 07-CV-10456 and 07-CV-10455) the game will be over for
plaintiffs. Collateral estoppel and all that. Correct? Hey rjack, ping.


"PlaintiffsÂ’ copyrights are unique and valuable property whose market
value is impossible to assess"

                             -- SOFTWARE FREEDOM LAW CENTER, INC.

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