Re: softwarefreedom.org and busybox fellows 'win' DEFAULT JUDGMENT

[Rjack]

Alexander Terekhov wrote:
> Ha ha!
>
> If only the court really had jurisdiction...
>
> ------
> 09/11/2008 6  DEFAULT JUDGMENT in favor of Erik Andersen and Rob Landley
> against Bell Microproducts, Inc., D.B.A. Hammer Storage. Ordered that
> this matter be referred to a Magistrate Judge for an inquest. (Signed by
> Judge Harold Baer on 9/10/08) (ml) (Entered: 09/11/2008) 
> ------
>
> http://www.terekhov.de/DEFAULT-JUDGMENT.pdf
>
> ------
> ... all products, including the MyShare HN1200, embodying or
> incorporating the aforesaid copyrights of the Plaintiffs, in the
> possession, custody, or control of Defendant, be delivered up to the
> Plaintiffs for destruction within thirty (30) days after service on
> Defendant of this Judgment.
> ------
>
> LOL. 
>
> 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.)

Let us first review the Bell Micro case at:

http://www.softwarefreedom.org/news/2008/jun/10/busybox/bell-complaint.pdf

Next review the law of the Second Circuit:

"It [The Copyright Act] provides that "no action for infringement of
the copyright in any United States work shall be instituted until
preregistration or registration of the copyright claim has been made
in accordance with this title." . . .  Whether this requirement is
jurisdictional is not up for debate in this Circuit. On two recent
occasions, we have squarely held that it is"; In re Literary Works
in Electronic Databases Copyright Litigation 509 F.3d 116 (United
States Court of Appeal for the Second Circuit 2007).

It should be explained to legally challenged GPL worshipers what
the effect of the default judgment will be:


1) Lot's of hi-powered spin from the SFLC. The GPL won again!!
The GPL won in court!!

2) Lot's of embarrassment and a red face for the federal magistrate
when the Court of Appeals for the Second Circuit kicks his ass for
entering a default judgment in a case that he clearly had no subject
matter jurisdiction to hear.

3) An award of costs and attorney fees to defendant Bell Micro Inc.


As the United States Supreme Court stated:

"[T]he first and fundamental question is that of jurisdiction,
first, of this court, and then of the court from which the record
comes. This question the court is bound to ask and answer for
itself, even when not otherwise suggested, and without respect to
the relation of the parties to it. The requirement that jurisdiction
be established as a threshold matter spring[s] from the nature and
limits of the judicial power of the United States and is inflexible
and without exception." (citations and quotations omitted)
Steel Co. v. Citizens for Better Environment, 523 U. S. 83 (1998)