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

[Alexander Terekhov]

ROFL!

Yet another delay ("07/16/2008 3 ENDORSED LETTER addressed to Judge
Richard M. Berman from Daniel B. Ravicher dated 7/14/08") AND blog
announcement of yet another "settlement."

(from PACER... final order is not yet available on PACER as of
07/24/2008 13:55:26 ET)

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U.S. District Court
United States District Court for the Southern District of New York
(Foley Square)
CIVIL DOCKET FOR CASE #: 1:08-cv-05269-RMB

Andersen et al v. Super Micro Computer, Inc.
Assigned to: Judge Richard M. Berman
Cause: 17:101 Copyright Infringement 
Date Filed: 06/09/2008
Jury Demand: None
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question 
Plaintiff 
Erik Andersen 
an individual  represented by Aaron Kyle Williamson 
Software Freedom Law Center, Inc 
1995 Broadway 
17th Floor 
New York, NY 10023 
(212) 461-1911 
Fax: (212) 580-0898 
Email: aaronw@softwarefreedom.org 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Daniel Ben Ravicher 
Software Freedom Law Center, Inc 
1995 Broadway 
17th Floor 
New York, NY 10023 
(212) 580-0800 
Fax: (212) 580-0898 
Email: ravicher@softwarefreedom.org 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
 
Plaintiff 
Rob Landley 
an individual  represented by Aaron Kyle Williamson 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Daniel Ben Ravicher 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
 

V.
 
Defendant 
Super Micro Computer, Inc. 
a Delaware Corporation  
 

Date Filed # Docket Text 
06/09/2008 1  COMPLAINT against Super Micro Computer, Inc.. (Filing Fee
$ 350.00.)Document filed by Erik Andersen, Rob Landley.(mbe) (mbe).
(Entered: 06/12/2008) 
06/09/2008   SUMMONS ISSUED as to Super Micro Computer, Inc.. (mbe)
(Entered: 06/12/2008) 
06/09/2008   Magistrate Judge Debra C. Freeman is so designated. (mbe)
(Entered: 06/12/2008) 
06/09/2008   Case Designated ECF. (mbe) (Entered: 06/12/2008) 
06/12/2008   ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney for
noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions
For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y.
Procedures For Electronic Case Filing. E-MAIL the PDF for Document 1
Complaint to: case_openings@nysd.uscourts.gov. (mbe) (Entered:
06/12/2008) 
07/14/2008 2  AFFIDAVIT OF SERVICE. Super Micro Computer, Inc. served on
6/27/2008, answer due 7/17/2008. Service was accepted by Bob Aeshliman,
General Counsel. Document filed by Erik Andersen; Rob Landley.
(Williamson, Aaron) (Entered: 07/14/2008) 
07/16/2008 3  ENDORSED LETTER addressed to Judge Richard M. Berman from
Daniel B. Ravicher dated 7/14/08 re: Plaintiffs request an adjournment
of the pre-trial conference currently scheduled for July 17, 2008, at
9:15 a.m. to on or after August 1, 2008. ENDORSEMENT: Conference
adjourned to 8/20/08 at 9:15 a.m. So Ordered. (Signed by Judge Richard
M. Berman on 7/16/08) (js) (Entered: 07/16/2008) 
--------------------------------------------------------------------------------

PACER Service Center 
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http://www.softwarefreedom.org/news/2008/jul/23/busybox-supermicro/

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July 23, 2008

BusyBox Developers and Supermicro Agree to End GPL Lawsuit

Good Faith Discussions Result in Dismissal of Copyright Infringement
Case

The Software Freedom Law Center (SFLC) today announced that an agreement
has been reached to dismiss the GNU General Public License (GPL)
enforcement lawsuit filed by SFLC against Super Micro Computer, Inc. on
behalf of two principal developers of BusyBox.

BusyBox is a lightweight set of standard Unix utilities commonly used in
embedded systems and is open source software licensed under GPL version
2. One of the conditions of the GPL is that re-distributors of BusyBox
are required to ensure that each downstream recipient is provided access
to the source code of the program. Supermicro distributes BusyBox in its
AOC-SIM1U+ IPMI 2.0 System Management Card and via its Web site.

As a result of the plaintiffs agreeing to dismiss the lawsuit and
offering to reinstate Supermicro's rights to distribute BusyBox under
the GPL, Supermicro has agreed to appoint an Open Source Compliance
Officer within its organization to monitor and ensure GPL compliance, to
publish the complete and corresponding source code for the version of
BusyBox it previously distributed, and to undertake substantial efforts
to notify previous recipients of BusyBox from Supermicro of their rights
to the software under the GPL. The settlement also includes an
undisclosed amount of financial consideration to compensate the
plaintiffs.

"We are pleased that the parties can put this matter behind them and
that Supermicro has taken measures to avoid future GPL violations," said
Aaron Williamson, SFLC Counsel.

The lawsuit, "Erik Andersen and Rob Landley v. Super Micro Computer,
Inc." case number 1:08-cv-05269-RMB, was filed June 9, 2008, in the
United States District Court for the Southern District of New York.
------

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.)