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Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Will
From: |
Alexander Terekhov |
Subject: |
Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson(AW1337) |
Date: |
Thu, 24 Jul 2008 19:32:20 +0200 |
Hyman Rosen wrote:
[...]
> > Attorney sanctions for a non-pro litigants sounds quite reasonable to
> > me. Don't you agree, Hyman?
>
> Only if they do it a bunch. Remember that Patry said
> "... it is quite common to permit plaintiffs to amend
> their complaint after they have received a registration."
> and surely most of those complaints are filed by lawyers, so it seems
> as if this sort of thing is not unusual and therefore should not be
> subject to sanctions unless it's repeated after a court said not to
> do it.
>
> The SFLC hasn't had to face this yet, since it settles its cases.
http://www.softwarefreedom.org/resources/2008/foss-primer.html
"We at the Software Freedom Law Center are extremely fortunate because
we get to provide legal assistance
^^^^^^^^^^^^^^^^
[...]
Our intended audience for this Primer is any person interested in a
basic understanding of the legal issues
^^^^^^^^^^^^
[...]
This Primer provides a baseline of knowledge about those areas of the
law, intending to support productive conversations between clients and
lawyers about specific legal needs.
^^^^^^^^^^^
[...]
You do not need to register to enforce your copyright."
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
I think that this piece of shit warrants Bar sanctions (up to
disbarment) against SFLC "lawyers" listed responsible for that "legal
assistance" document. Don't you agree, Hyman?
-----
A Legal Issues Primer for Open Source and Free Software Projects
3 March 2008
Version 1.5.1
Richard Fontana
Bradley M. Kuhn
Eben Moglen
Matthew Norwood
Daniel B. Ravicher
Karen Sandler
James Vasile
Aaron Williamson
-----
"Registration of copyright in the work that is allegedly infringed is a
jurisdictional requirement. 17 U.S.C. § 411. Techniques, Inc. v. Rohn,
592 F.Supp. 1195, 1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984)("Pursuant to 17
U.S.C. § 411(a) as well as its predecessor, § 13, it has been held
repeatedly that ownership of a copyright registration is a
jurisidictional prerequisite to an action for infringement. . . . A
complaint which fails to plead compliance with § 411(a) is defective and
subject to dismissal."); Grundberg v. The Upjohn Company, 137 F.R.D.
372, 382; 19 U.S.P.Q. 1590 (D. Ut. 1991). Lacking even an allegation of
registration of copyright ... this Court is without subject matter
jurisdiction. "
regards,
alexander.
--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), (continued)
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337), Alexander Terekhov, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337), Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson(AW1337), Alexander Terekhov, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson(AW1337), Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson(AW1337), John Hasler, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), Alexander Terekhov, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), Hyman Rosen, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337), Alexander Terekhov, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337), Hyman Rosen, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson(AW1337),
Alexander Terekhov <=
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson(AW1337), Hyman Rosen, 2008/07/24
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/22
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/22
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, rjack, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, David Kastrup, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, Rjack, 2008/07/22
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/22