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

This is a discussion on Re: SFLC's GPL court enforcement -- track record - Linux ; Hyman Rosen wrote: > > Alexander Terekhov wrote: > > How do you explain continued 'litigation' by the SFLC for many month > > after availability of the source code from Hammer Storage site, Hyman? > > The same way ...

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

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


    Hyman Rosen wrote:
    >
    > Alexander Terekhov wrote:
    > > How do you explain continued 'litigation' by the SFLC for many month
    > > after availability of the source code from Hammer Storage site, Hyman?

    >
    > The same way I always do. Legal processes are slow. They work ...


    You seem to confuse real litigation with SFLC's way of "litigation".

    Please consider the full docket posted below, and reanswer. (If you
    can.)

    Date Filed # Docket Text

    07/17/2008 1 COMPLAINT against Extreme Networks, Inc.. (Filing Fee $
    350.00, Receipt Number 657053)Document filed by Erik Anderson, Rob
    Landley.(rdz) (Entered: 07/21/2008)

    07/17/2008 SUMMONS ISSUED as to Extreme Networks, Inc.. (rdz)
    (Entered: 07/21/2008)

    07/17/2008 Magistrate Judge Andrew J. Peck is so designated. (rdz)
    (Entered: 07/21/2008)

    07/17/2008 Case Designated ECF. (rdz) (Entered: 07/21/2008)

    07/21/2008 Mailed notice to Register of Copyrights to report the
    filing of this action. (rdz) (Entered: 07/21/2008)

    07/23/2008 2 ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Initial
    Conference set for 9/12/2008 at 09:30 AM in Courtroom 12C, 500 Pearl
    Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by
    Judge P. Kevin Castel on 7/23/08) (tro) (Entered: 07/23/2008)

    07/31/2008 3 AFFIDAVIT OF SERVICE. Extreme Networks, Inc. served on
    7/22/2008, answer due 8/11/2008. Service was accepted by Perla Ibarra,
    Receptionist. Document filed by Erik Anderson; Rob Landley. (Williamson,
    Aaron) (Entered: 07/31/2008)

    08/08/2008 4 ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER,
    defendant Extreme Networks has until 9/5/08 to answer the complaint.
    Extreme Networks, Inc. answer due 7/17/2008. (Signed by Judge P. Kevin
    Castel on 8/7/08) (cd) (Entered: 08/08/2008)

    08/25/2008 5 ENDORSED LETTER addressed to Judge P. Kevin Castel from
    Daniel B. Ravicher dated 8/21/08 re: Counsel requests an adjournment of
    the pretrial conference currently scheduled for September 12, 2008, to
    another date at the courts earliest convenience. ENDORSEMENT: The
    initial pretrial conference is adjourned to October 3, 2008 at 12:45
    p.m., ( Initial Conference set for 10/3/2008 at 12:45 PM before Judge P.
    Kevin Castel.) (Signed by Judge P. Kevin Castel on
    8/25/08) (mme) (Entered: 08/25/2008)
    09/04/2008 6 ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER, Extreme
    Networks, Inc. answer due 9/19/2008. (Signed by Judge P. Kevin Castel on
    9/4/08) (cd) (Entered: 09/04/2008)

    09/18/2008 7 ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER, IT IS
    HEREBY ORDERED that Defendant Extreme Networks, Inc. has until October
    3, 2008 to answer the complaint filed on July 17, 2008 by Plaintiffs
    Erik Anderson and Rob Landley. Extreme Networks, Inc. answer due
    10/3/2008. (Signed by Judge P. Kevin Castel on 9/18/08) (mme) (Entered:
    09/18/2008)

    09/26/2008 8 ENDORSED LETTER addressed to Judge P. Kevin Castel from
    Daniel Ravicher dated 9/25/08 re: Request for an adjournment of the
    pretrial conference set for 10/3/08. ENDORSEMENT: Conference adjourned
    from 10/3/08 to 11/7/08 at 2:45 pm. ( Pretrial Conference reset for
    11/7/2008 at 02:45 PM before Judge P. Kevin Castel.) (Signed by Judge P.
    Kevin Castel on 9/26/08) (cd) (Entered: 09/26/2008)

    10/01/2008 9 ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER:
    Defendant Extreme Networks, Inc. has until October 17, 2008 to answer
    the Complaint filed on July 17, 2008 by Plaintiffs Erik Andersen and Rob
    Landley. SO ORDERED. Extreme Networks, Inc. (answer due 10/17/2008).
    (Signed by Judge P. Kevin Castel on 10/1/08) (db) (Entered: 10/01/2008)

    10/20/2008 10 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)
    of the Federal Rules of Civil Procedure, the plaintiff(s) and or their
    counsel(s), hereby give notice that the above-captioned action is
    voluntarily dismissed without prejudice, and without costs against the
    defendant(s) Extreme Networks, Inc. (Signed by Judge P. Kevin Castel on
    10/20/08) (db) (Entered: 10/20/2008)

    Here's the SFLC's GPL "litigation" track record:

    1. Voluntary Dismissal Without Prejudice.
    2. Voluntary Dismissal Without Prejudice.
    3. Voluntary Dismissal Without Prejudice.
    4. Voluntary Dismissal With Prejudice.
    5. Voluntary Dismissal Without Prejudice.
    6. Voluntary Dismissal Without Prejudice.
    7. Voluntary Dismissal Without Prejudice.

    Note that all cases should have been automatically dismissed for lack of
    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.)

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

    Alexander Terekhov wrote:
    > You seem to confuse real litigation with SFLC's way of "litigation".


    I said that legal processes are slow. Your dislike of the SFLC does
    not change that, so there is nothing for me to "reanswer". "Real"
    litigation, where the parties are unable to settle, would take even
    longer.

    > Here's the SFLC's GPL "litigation" track record


    The only important part of the track record is that after each case,
    the GPLed sources are available.

    > Note that all cases should have been automatically dismissed for lack of
    > subject matter jurisdiction.


    Funny then how they haven't been, isn't it?
    So many drunken judges...

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


    Hyman Rosen wrote:
    [...]
    > The only important part of the track record is that after each case,
    > the GPLed sources are available.


    You seem to not grasp the situation, Hyman: the SFLC has sued (filing
    utterly defective copyright complaints warranting automatic dismissal) a
    bunch of companies distributing hardware boxes allegedly containing the
    GPL'd software without referring to the GPL and/or source code while
    distributing (note: consider 17 USC 109 -- see the first ever answer to
    the GPL complaint in court by Bell Microproducts, Inc. (Marvin, Lynn)
    http://www.terekhov.de/14.pdf ) said boxes. (The boxes are all made
    where the firmware is installed -- in China/Taiwan.) The said companies
    also offer the firmware (allegedly containing the GPL'd software) from
    their respective web sites. In the complaints, the SFLC was talking
    about "reinstantiation" of the (copyright) rights that (allegedly) had
    been "automatically" terminated by virtue of the GPL. According to the
    SFLC's former press releases, some of those companies have joined the
    SFLC in issuing a press release announcing a "settlement" with
    commitments going beyond the GPL (e.g. "Monsoon Multimedia has agreed to
    appoint an Open Source Compliance Officer within its organization to
    monitor and ensure GPL compliance, to publish the source code for the
    version of BusyBox it previously distributed on its Web site, and to
    undertake substantial efforts to notify previous recipients of BusyBox
    from Monsoon Multimedia of their rights to the software under the GPL.
    The settlement also includes an undisclosed amount of financial
    consideration paid by Monsoon Multimedia to the plaintiffs"
    http://www.softwarefreedom.org/news/...on-settlement/
    ). Note that Verizon managed to dismiss the case *with prejudice*
    against plaintiffs and without any press release telling anything about
    Verizon's commitments. All GPL cases were voluntarily terminated by the
    SFLC without any judicial saying (the default judgment against BELL
    MICROPRODUCTS, INC. D.B.A. HAMMER STORAGE was put aside by the court).
    The last four cases (out of seven) were voluntarily terminated by the
    SFLC without any joint press release. The first case of such kind was
    against Verizon. What say you now, Hyman?

    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.)

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


    Hyman Rosen wrote:
    [...]
    > The companies are asked to comply with the GPL and eventually they do


    ("in the Verizon case, by the manufacturer of the routers")

    LOL.

    The manufacturer of Verizon's routers is NOT Actiontec, Hyman. Actiontec
    is a reseller, now see 17 USC 109.

    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.)

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

    Alexander Terekhov wrote:
    > Actiontec is a reseller, now see 17 USC 109.


    I'm not privy to the details of how the firmware gets
    on to the routers that Actiontec delivers, so I'm not
    in a position to say whether the First Sale doctrine
    applies. But they do distribute software from their
    web site, and that must be done in compliance with
    the GPL.

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


    Hyman Rosen wrote:
    [...]
    > applies. But they do distribute software from their
    > web site, and that must be done in compliance with
    > the GPL.


    http://www2.verizon.net/micro/actiontec/actiontec.asp

    http://www2.verizon.net

    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.)

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


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


    Hyman Rosen wrote:
    >
    > Alexander Terekhov wrote:
    > > http://www2.verizon.net/micro/actiontec/actiontec.asp

    >
    > http://download.verizon.net/webdownl....7-MI424WR.rmt


    http://web-sniffer.net/?url=http%3A%...type=GET&uak=0

    -----
    HTTP Request Header
    Connect to 206.46.230.69 on port 80 ... ok

    GET
    /webdownload/firmware/upgrades/actiontec%20gateway/4.0.16.1.56.0.10.7-MI424WR.rmt
    HTTP/1.1[CRLF]
    Host: download.verizon.net[CRLF]
    ^^^^^^^^^^^^^^^^^^^^^^^^^^
    -----

    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.)

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

    Alexander Terekhov wrote:
    > Actiontec is a reseller, now see 17 USC 109.


    I'm not privy to the details of how the firmware gets
    on to the routers that Actiontec delivers, so I'm not
    in a position to say whether the First Sale doctrine
    applies. But they do distribute software from their
    web site, and that must be done in compliance with
    the GPL.

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

    Alexander Terekhov wrote:
    >http://web-sniffer.net/?url=http%3A%...type=GET&uak=0


    Verizon's web server may itself be connecting to Actiontec
    to send the file to you. You cannot tell what the server is
    doing from any external evidence, because all you have is
    the connection to it. The copyright holders appear to have
    decided that they are satisfied with having Actiontec make
    the GPLed sources available.

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