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

This is a discussion on Re: SFLC's GPL court enforcement -- track record - Linux ; Richard Tobin wrote: > > In article , > rjack wrote: > > >I have have never found any *verifiable* detail of *any* settlement of > >these lawsuits other than the court records available on PACER. > > I have ...

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

  1. Re: Software Fictional Licensing Center (SFLC) Files Another RoundofGPL Violation Lawsuits


    Richard Tobin wrote:
    >
    > In article ,
    > rjack wrote:
    >
    > >I have have never found any *verifiable* detail of *any* settlement of
    > >these lawsuits other than the court records available on PACER.

    >
    > I have never found any *verifiable* evidence that you're a real person.


    That's because you've never compared his posts here with lawsuits in the
    7th Circuit (stuff partly available on PACER) regarding the GPL.

    Hint:

    http://www.grinswim.org/addressbook.html

    One out of five. :-)

    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: Software Fictional Licensing Center (SFLC) Files Another Round of GPL Violation Lawsuits

    * Richard Tobin peremptorily fired off this memo:

    > In article ,
    > rjack wrote:
    >
    >>I have have never found any *verifiable* detail of *any* settlement of
    >>these lawsuits other than the court records available on PACER.

    >
    > I have never found any *verifiable* evidence that you're a real person.


    I think he's an Eben Moglen wannabe.

    Or a law student with a chip on his shoulder.

    He's got a real funny one where he tries to claim, via a partial cite,
    that "fair use" effectively negates the GPL.

    In other words, an armchair lawyer.

    --
    Does the e-mail say it's about 'enlargement' -- that might be spam.
    -- Bill Gates, BBC News (24 January 2004)

  3. Re: Software Fictional Licensing Center (SFLC) Files Another Round of GPL Violation Lawsuits

    In article ,
    rjack wrote:
    > These settlements concern BusyBox source code that has never been
    > registered with the U.S. Copyright Office. The plaintiffs obviously have
    > no standing to file these frivolous suits:


    Wait a second. What is the country of origin for the software? The
    rules are different if its origin is a Berne country that is not the
    United States.

    (They'd still need to register if they wanted statutory damages and
    attorney fees, and registration within five years of creating the work
    give a rebuttable presumption that the copyright is valid and you are
    the owner, which is a nice thing to have).

    --
    --Tim Smith

  4. Re: Software Fictional Licensing Center (SFLC) Files Another Round ofGPL Violation Lawsuits


    Tim Smith wrote:
    >
    > In article ,
    > rjack wrote:
    > > These settlements concern BusyBox source code that has never been
    > > registered with the U.S. Copyright Office. The plaintiffs obviously have
    > > no standing to file these frivolous suits:

    >
    > Wait a second. What is the country of origin for the software? The
    > rules are different if its origin is a Berne country that is not the
    > United States.


    "This is an action by Erik Andersen, an individual, and Rob Landley, an
    individual, (“Plaintiffs”) by and through their attorneys, the Software
    Freedom Law Center, Inc., to recover damages arising from infringement
    of their copyrights by , Inc. (“Defendant”) ... Specifically,
    Defendant distributed and continues to distribute Plaintiffs’
    copyrighted BusyBox software without Plaintiffs’ permission ... Erik
    Andersen is a private individual with a residence in Springville, Utah.
    Rob Landley is a private individual with a residence in Austin, Texas. "

    All SFLC's frivolous suits are about US copyrights and only US
    copyrights.

    "Plaintiffs’ copyrights are unique and valuable property whose market
    value is impossible to assess"

    (See complaints filed by Software Fictional Licensing Center.)

    LOL.

    Here's more from SFLC's "lawyers":

    "You do not need to register to enforce your copyright. "

    http://www.softwarefreedom.org/resou...ss-primer.html

    And this is from the United states Court of Appeals for the Second
    Circuit where SFLC resides and likes to file their idiotic complaints
    (just to dismiss voluntary and even with prejudice against own clients
    shortly after filing initial complaint):

    "It provides that "no action for infringement of the copyright in
    any United States work shall be instituted until pre-registration
    or registration of the copyright claim has been made in
    accordance with this title." 17 U.S.C. sec. 411(a); see also 17
    U.S.C. sec. 501.1 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; Nos. 05-5943-cv(L),
    06-0223-cv(CON)(2d Cir. Nov. 29, 2007).

    http://infotechlawpolicy.blogspot.co...lement-of.html
    (Second Circuit Vacates Settlement...)

    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: Software Fictional Licensing Center (SFLC) Files Another Roundof GPLViolation Lawsuits

    ROFL

    http://blog.internetnews.com/skerner...now-about.html

    ------
    Verizon CEO doesn't know about open source
    By Sean Michael Kerner on June 18, 2008 1:37 PM

    From the 'not everyone knows about open source yet' files:

    LAS VEGAS -- I just got out of a Q&A session with Verizon Communications
    CEO Denny Strigl and being an open source guy I asked Strigl about open
    source. Specifically I asked what role does open source play at Verizon
    now, especially in light of the recent SFLC lawsuit against Verizon on
    GPL infringement.

    Strigl looked at me with a blank face and asked me to repeat my
    question. He was completely clueless.

    He then asked one of his PR people to answer, and they too were
    clueless.

    In December of 2007 the Software Freedom Law Center (SFLC) filed its GPL
    lawsuit, which was settled in March of this year. The win was hailed as
    a victory for open source by the SFLC and others.

    Apparently though open source types (like myself) thought the Verizon
    thing was a big deal, it apparently never reached the radar screen of
    Verizon's top exec. Go figure.
    ------

    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.)

  6. Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPL Violation Lawsuits

    Alexander Terekhov writes:

    > ROFL
    >
    > http://blog.internetnews.com/skerner...now-about.html
    >
    > ------
    > Verizon CEO doesn't know about open source
    > By Sean Michael Kerner on June 18, 2008 1:37 PM
    >
    > From the 'not everyone knows about open source yet' files:
    >
    > LAS VEGAS -- I just got out of a Q&A session with Verizon Communications
    > CEO Denny Strigl and being an open source guy I asked Strigl about open
    > source. Specifically I asked what role does open source play at Verizon
    > now, especially in light of the recent SFLC lawsuit against Verizon on
    > GPL infringement.
    >
    > Strigl looked at me with a blank face and asked me to repeat my
    > question. He was completely clueless.
    >
    > He then asked one of his PR people to answer, and they too were
    > clueless.
    >
    > In December of 2007 the Software Freedom Law Center (SFLC) filed its GPL
    > lawsuit, which was settled in March of this year. The win was hailed as
    > a victory for open source by the SFLC and others.
    >
    > Apparently though open source types (like myself) thought the Verizon
    > thing was a big deal, it apparently never reached the radar screen of
    > Verizon's top exec. Go figure.
    > ------
    >
    > regards,
    > alexander.


    They need to send COLA's resident genius Mark Kent around there in his
    "Kentmobile" to edikate him like wot Mark is.

    http://www.swclassiccars.com/images/...7/DSCN5100.JPG

    --
    "Maybe he knows where the body is because he saw where
    it was put." -- "Rick" defending Hans Reiser (his hero) in comp.os.linux.advocacy

  7. Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPL Violation Lawsuits

    On Thu, 19 Jun 2008 10:57:26 +0200, Hadron wrote:

    > Alexander Terekhov writes:
    >
    >> ROFL
    >>
    >> http://blog.internetnews.com/skerner...now-about.html
    >>
    >> ------
    >> Verizon CEO doesn't know about open source
    >> By Sean Michael Kerner on June 18, 2008 1:37 PM
    >>
    >> From the 'not everyone knows about open source yet' files:
    >>
    >> LAS VEGAS -- I just got out of a Q&A session with Verizon Communications
    >> CEO Denny Strigl and being an open source guy I asked Strigl about open
    >> source. Specifically I asked what role does open source play at Verizon
    >> now, especially in light of the recent SFLC lawsuit against Verizon on
    >> GPL infringement.
    >>
    >> Strigl looked at me with a blank face and asked me to repeat my
    >> question. He was completely clueless.
    >>
    >> He then asked one of his PR people to answer, and they too were
    >> clueless.
    >>
    >> In December of 2007 the Software Freedom Law Center (SFLC) filed its GPL
    >> lawsuit, which was settled in March of this year. The win was hailed as
    >> a victory for open source by the SFLC and others.
    >>
    >> Apparently though open source types (like myself) thought the Verizon
    >> thing was a big deal, it apparently never reached the radar screen of
    >> Verizon's top exec. Go figure.
    >> ------
    >>
    >> regards,
    >> alexander.

    >
    > They need to send COLA's resident genius Mark Kent around there in his
    > "Kentmobile" to edikate him like wot Mark is.
    >
    > http://www.swclassiccars.com/images/...7/DSCN5100.JPG


    Yea that sure looks like a KentMobile to me.....

    Here is the Schestowitz Sports model:

    http://bp3.blogger.com/_HAnxun3Sm9w/...barbie+car.jpg

    Here is Gregory Shearman's car...notice the lack of options....

    http://www.dyna.co.za/cars/Ford_15_Model_T.jpg

    Peter Kohlman's car:

    http://info.detnews.com/dn/pix/2005/...05_088Q2PV.jpg

    Linonut's Vacation Vehicle:

    http://cache.jalopnik.com/assets/res...ultVehicle.jpg

    HPT's car:

    http://images.businessweek.com/ss/07...age/1pacer.jpg

    My car (not this particular pic and I have a vert)

    http://www.shnack.com/wallpaper/07ShelbyGT_07_1024.jpg


    --
    Moshe Goldfarb
    Collector of soaps from around the globe.
    Please visit The Hall of Linux Idiots:
    http://linuxidiots.blogspot.com/

  8. Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPL Violation Lawsuits

    "Moshe Goldfarb." writes:

    >>
    >> They need to send COLA's resident genius Mark Kent around there in his
    >> "Kentmobile" to edikate him like wot Mark is.
    >>
    >> http://www.swclassiccars.com/images/...7/DSCN5100.JPG

    >
    > Yea that sure looks like a KentMobile to me.....
    >
    > Here is the Schestowitz Sports model:
    >
    > http://bp3.blogger.com/_HAnxun3Sm9w/...barbie+car.jpg
    >
    > Here is Gregory Shearman's car...notice the lack of options....
    >
    > http://www.dyna.co.za/cars/Ford_15_Model_T.jpg
    >
    > Peter Kohlman's car:
    >
    > http://info.detnews.com/dn/pix/2005/...05_088Q2PV.jpg


    No. Too big. More like this:

    http://farm1.static.flickr.com/93/27...d74d2e.jpg?v=0

    Notice the trailer for his boat on the back. And yes, the teak deck does
    indeed need some work!

    http://tinyurl.com/43pxln

    >
    > Linonut's Vacation Vehicle:
    >
    > http://cache.jalopnik.com/assets/res...ultVehicle.jpg
    >
    > HPT's car:
    >
    > http://images.businessweek.com/ss/07...age/1pacer.jpg


    I thought more like:

    http://www.paulnoll.com/China/Commerce/trans-3wtaxi.jpg

    >
    > My car (not this particular pic and I have a vert)
    >
    > http://www.shnack.com/wallpaper/07ShelbyGT_07_1024.jpg


  9. Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPL Violation Lawsuits

    On Thu, 19 Jun 2008 11:14:43 +0200, Hadron wrote:

    > "Moshe Goldfarb." writes:
    >
    >>>
    >>> They need to send COLA's resident genius Mark Kent around there in his
    >>> "Kentmobile" to edikate him like wot Mark is.
    >>>
    >>> http://www.swclassiccars.com/images/...7/DSCN5100.JPG

    >>
    >> Yea that sure looks like a KentMobile to me.....
    >>
    >> Here is the Schestowitz Sports model:
    >>
    >> http://bp3.blogger.com/_HAnxun3Sm9w/...barbie+car.jpg
    >>
    >> Here is Gregory Shearman's car...notice the lack of options....
    >>
    >> http://www.dyna.co.za/cars/Ford_15_Model_T.jpg
    >>
    >> Peter Kohlman's car:
    >>
    >> http://info.detnews.com/dn/pix/2005/...05_088Q2PV.jpg

    >
    > No. Too big. More like this:
    >
    > http://farm1.static.flickr.com/93/27...d74d2e.jpg?v=0
    >
    > Notice the trailer for his boat on the back. And yes, the teak deck does
    > indeed need some work!
    >
    > http://tinyurl.com/43pxln
    >
    >>
    >> Linonut's Vacation Vehicle:
    >>
    >> http://cache.jalopnik.com/assets/res...ultVehicle.jpg
    >>
    >> HPT's car:
    >>
    >> http://images.businessweek.com/ss/07...age/1pacer.jpg

    >
    > I thought more like:
    >
    > http://www.paulnoll.com/China/Commerce/trans-3wtaxi.jpg
    >
    >>
    >> My car (not this particular pic and I have a vert)
    >>
    >> http://www.shnack.com/wallpaper/07ShelbyGT_07_1024.jpg


    Good points....
    Good....

    TVLand now has Hogan's Heroes on every night and each time I watch it I
    think of Kohlmann....

    He's either Klink or General Burkhalter. I can't make up my mind.

    http://www.derbydeadpool.co.uk/image...s/a/askinl.jpg

    http://i97.photobucket.com/albums/l2...onel_klink.jpg
    --
    Moshe Goldfarb
    Collector of soaps from around the globe.
    Please visit The Hall of Linux Idiots:
    http://linuxidiots.blogspot.com/

  10. Re: Software Fictional Licensing Center (SFLC) Files Another RoundofGPL Violation Lawsuits

    Alexander Terekhov wrote:
    > ROFL
    >
    > http://blog.internetnews.com/skerner...now-about.html
    > In December of 2007 the Software Freedom Law Center (SFLC) filed its
    > GPL lawsuit, which was settled in March of this year. The win was
    > hailed as a victory for open source by the SFLC and others.


    How does a plaintiff who voluntarily dismisses his lawsuit WITH
    PREJUDICE "win" a victory against a defendant?

    The claims coming from the SFLC camp are increasingly bizarre. They
    should just leave on their anti-gravity carpets for greener pastures.

    Sincerely,
    Rjack

    --- "[A] breach by one party does not automatically result in rescission
    of a contract. Id. at 238 ("New York law does not presume the rescission
    or abandonment of a contract and the party asserting rescission or
    abandonment has the burden of proving it")."; Atlantis Information
    Technology, Gmbh v, CA Inc., 2007 WL 1238716 (Eastern District of New
    York, 2007). ---


  11. Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPL Violation Lawsuits

    In article ,
    rjack wrote:
    > How does a plaintiff who voluntarily dismisses his lawsuit WITH
    > PREJUDICE "win" a victory against a defendant?


    Dismissal with prejudice is the normal end of most lawsuits that settle.
    If D violates the terms of the settlement, P sues to enforce the
    settlement. If D commits *new* violations of P's copyright, P sues for
    those violations. That's a new suit covering a new cause of action, and
    is not affected by the dismissal with prejudice of the old suit, which
    was a different cause of action for a different alleged infringement.

    --
    --Tim Smith

  12. Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPLViolation Lawsuits


    Tim Smith wrote:
    >
    > In article ,
    > rjack wrote:
    > > How does a plaintiff who voluntarily dismisses his lawsuit WITH
    > > PREJUDICE "win" a victory against a defendant?

    >
    > Dismissal with prejudice is the normal end of most lawsuits that settle.


    http://www.usbr.gov/uc/rm/gcdltep/re...t-08-25-06.pdf

    That's normal. Compare it to

    http://www.terekhov.de/GPLvVerizon/V..._DISMISSAL.pdf

    which is not normal at all.

    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.)

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

    Another postponement requested by SFLC. I gather that SFLC will move to
    dismiss against own clients no later than August 20, 2008.


    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)

    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.)

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

    Alexander Terekhov wrote:
    > Another postponement requested by SFLC. I gather that SFLC will move to
    > dismiss against own clients no later than August 20, 2008.


    Probably because they are in negotiations to bring the
    defendants into compliance with the GPL, after which
    dismissal will be appropriate.

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


    Hyman Rosen wrote:
    >
    > Alexander Terekhov wrote:
    > > Another postponement requested by SFLC. I gather that SFLC will move to
    > > dismiss against own clients no later than August 20, 2008.

    >
    > Probably because they are in negotiations to bring the
    > defendants into compliance with the GPL, after which


    So plaintiffs want to settle (having fruitless negotiations thus far)
    and are asking delay of a conference meant to encourage defendants to
    settle?

    http://www.yourdictionary.com/pre-trial-conference

    -----
    An informal conference among opposing attorneys and the judge in which
    the issues are narrowly spelled out, and that, in civil cases, allows
    the judge to encourage both parties toward reaching a settlement.
    -----

    To me it appears that plaintiffs simply don't want the judge to hear
    anything about the GPL and their "license not a contract" copyright
    based enforcement theory (filing copyright infringement complaint
    without bothering to register copyrights to establish court's
    jurisdiction).

    Could it be that plaintiffs are afraid that the judge will dismiss their
    ****amamie case sua sponte right at the conference?

    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.)

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

    Alexander Terekhov wrote:
    > So plaintiffs want to settle (having fruitless negotiations thus far)
    > and are asking delay of a conference meant to encourage defendants to
    > settle?


    The affidavit of service wasn't even filed until July 14.
    I expect that in this case as in so many others, court
    processes are slow and often delayed.

    The proof will be, once the case is over, whether the
    defendants properly make available the sources of the
    GPLed software that they are distributing. That most
    likely will be the case, because quoting from the
    complaint:


    15. On February 29, 2008, through their counsel,
    Plaintiffs notified Defendant of its unlawful
    conduct based upon its failure to comply with
    the License.
    16. On April 16, 2008, Defendant’s counsel provided
    Plaintiffs with source code which it represented
    to be the complete and corresponding code for the
    GPL-licensed software on the Infringing Products.
    Plaintiffs initiated a technical review of the source
    code and communicated to Defendant their other demands
    for settlement of the matter.
    17. On April 25, 2008, through their counsel, Plaintiffs
    notified Defendant that the source provided did not
    include “scripts used to control compilation and
    installation of the executable,” and therefore did not
    constitute “complete and corresponding source code”
    within the meaning of the license.
    18. Defendant has not responded to Plaintiff’s April 25
    notice, and continues to distribute the Infringing
    Products and Firmware in violation of Plaintiffs’
    exclusive rights under the Copyright Act.

    This means that, as usual, the defendants don't want to be
    bothered with the GPL requirements, but once they're being
    sued, they'll finally bite the bullet and do it right. Then
    the SFLC will move to have the case dismissed, and you'll
    once again treat it as a failure rather than a victory.

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


    Hyman Rosen wrote:
    >
    > Alexander Terekhov wrote:
    > > So plaintiffs want to settle (having fruitless negotiations thus far)
    > > and are asking delay of a conference meant to encourage defendants to
    > > settle?

    >
    > The affidavit of service wasn't even filed until July 14.
    > I expect that in this case as in so many others, court
    > processes are slow and often delayed.
    >
    > The proof will be, once the case is over, whether the
    > defendants properly make available the sources of the
    > GPLed software that they are distributing. That most
    > likely will be the case, because quoting from the
    > complaint:
    >
    >
    > 15. On February 29, 2008, through their counsel,
    > Plaintiffs notified Defendant of its unlawful
    > conduct based upon its failure to comply with
    > the License.
    > 16. On April 16, 2008, Defendant’s counsel provided
    > Plaintiffs with source code which it represented
    > to be the complete and corresponding code for the
    > GPL-licensed software on the Infringing Products.
    > Plaintiffs initiated a technical review of the source
    > code and communicated to Defendant their other demands
    > for settlement of the matter.
    > 17. On April 25, 2008, through their counsel, Plaintiffs
    > notified Defendant that the source provided did not
    > include “scripts used to control compilation and
    > installation of the executable,” and therefore did not
    > constitute “complete and corresponding source code”
    > within the meaning of the license.
    > 18. Defendant has not responded to Plaintiff’s April 25
    > notice, and continues to distribute the Infringing
    > Products and Firmware in violation of Plaintiffs’
    > exclusive rights under the Copyright Act.
    >
    > This means that, as usual, the defendants don't want to be
    > bothered with the GPL requirements, but once they're being
    > sued, they'll finally bite the bullet and do it right. Then
    > the SFLC will move to have the case dismissed, and you'll
    > once again treat it as a failure rather than a victory.


    Man oh man. Hyman Rosen managed to find out that SFLC wants scripts...
    yet "PRAYER FOR RELIEF" doesn't mention scripts.

    Pre-trial conference:

    Judge: What's the issue?

    Defendants: SFLC wants scripts...

    Judge: What does that have to do with copyright infringement?

    Defendants: No idea. BTW, they've not registered copyrights and you lack
    jurisdiction, judge.

    Judge: (To SFLC) &*^$%%#$$%$##&^%$*^(&^% Case dismissed.

    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.)

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

    Alexander Terekhov wrote:
    > Judge: (To SFLC) &*^$%%#$$%$##&^%$*^(&^% Case dismissed.


    Do you know of an instance where the SFLC ended a case and
    the GPLed sources were not made available?

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


    Hyman Rosen wrote:
    >
    > Alexander Terekhov wrote:
    > > Judge: (To SFLC) &*^$%%#$$%$##&^%$*^(&^% Case dismissed.

    >
    > Do you know of an instance where the SFLC ended a case and
    > the GPLed sources were not made available?


    SFLC ended the case against Verizon and the GPL'd sources are still not
    available from Verizon. And before you mention Actiontec: sources were
    available from Actiontec prior to SFLC sued Verizon.

    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.)

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

    Alexander Terekhov wrote:
    > And before you mention Actiontec: sources were
    > available from Actiontec prior to SFLC sued Verizon.


    The complaint against Verizon is dated December 6, 2007:


    This article says that the Actiontec FIOS router was available
    in January of 2007:


    Looking for http://opensource.actiontec.com/ on the WaybackMachine
    shows that as late as Aug 2007 the software available on the site
    contained sources for a Dual PC Modem, but not for a FIOS router:

    August 2007:

    Current:


    So it doesn't look to me as if the FIOS router firmware was
    available before the lawsuit was filed. Do you have a URL or
    other evidence that shows something different?

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