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Re: SFLC's GPL court enforcement -- track record
From: |
Hyman Rosen |
Subject: |
Re: SFLC's GPL court enforcement -- track record |
Date: |
Fri, 18 Jul 2008 12:38:44 -0400 |
User-agent: |
Thunderbird 2.0.0.12 (Windows/20080213) |
Alexander Terekhov wrote:
So plaintiffs want to settle (having fruitless negotiations thus far)
and are asking delay of a conference meant to encourage defendants to
settle?
The affidavit of service wasn't even filed until July 14.
I expect that in this case as in so many others, court
processes are slow and often delayed.
The proof will be, once the case is over, whether the
defendants properly make available the sources of the
GPLed software that they are distributing. That most
likely will be the case, because quoting from the
complaint:
<http://www.softwarefreedom.org/news/2008/jun/10/busybox/supermicro-complaint.pdf>
15. On February 29, 2008, through their counsel,
Plaintiffs notified Defendant of its unlawful
conduct based upon its failure to comply with
the License.
16. On April 16, 2008, Defendant’s counsel provided
Plaintiffs with source code which it represented
to be the complete and corresponding code for the
GPL-licensed software on the Infringing Products.
Plaintiffs initiated a technical review of the source
code and communicated to Defendant their other demands
for settlement of the matter.
17. On April 25, 2008, through their counsel, Plaintiffs
notified Defendant that the source provided did not
include “scripts used to control compilation and
installation of the executable,” and therefore did not
constitute “complete and corresponding source code”
within the meaning of the license.
18. Defendant has not responded to Plaintiff’s April 25
notice, and continues to distribute the Infringing
Products and Firmware in violation of Plaintiffs’
exclusive rights under the Copyright Act.
This means that, as usual, the defendants don't want to be
bothered with the GPL requirements, but once they're being
sued, they'll finally bite the bullet and do it right. Then
the SFLC will move to have the case dismissed, and you'll
once again treat it as a failure rather than a victory.
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record,
Hyman Rosen <=
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/20
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/20
- Re: SFLC's GPL court enforcement -- track record, rjack, 2008/07/18
- Re: SFLC's GPL court enforcement -- track record, Linonut, 2008/07/19