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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Rjack
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Mon, 16 Feb 2009 10:11:23 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Rahul Dhesi wrote:
Rjack <user@example.net> writes:

References, please. Why would one need registration to get standing?

Were you maybe confusing between jurisdiction and standing? Even so, references, please.
...
How about a good law article from the SSRN or one of the online law reviews?

Use your mouse Rahul. Use your mouse.

If you are sure that standing requires copyright registration, try a Yahoo or Google search for: article III standing


Why would I want to try that Rahul?

Just read the prevailing law in the Second Circuit where the SFLC
filed its Busybox suits:

"It 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 (2nd Cir. 2007).

Which part of ". . . 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. . ."?

Why do you insist on beating a dead horse Rahul? It's not gonna'
get up.


Sincerely,
Rjack :)



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