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Re: SFLC files 2nd intimidation suit


From: Rui Miguel Silva Seabra
Subject: Re: SFLC files 2nd intimidation suit
Date: Tue, 27 Nov 2007 19:05:02 +0000
User-agent: Mutt/1.5.15+20070412 (2007-04-11)

On Wed, Nov 21, 2007 at 08:42:12AM -0500, rjack wrote:
> Alexander Terekhov wrote:
>> If either case filed is heard before a judge, it would be the first time
>> that a GPL infringement lawsuit has gone to trial in the U.S. 
>
> The SFLC will NEVER, NEVER allow their bluff to be called by "going to 
> trial". If they did, the Court (perhaps sua sponte) would dismiss for lack 
> of plaintiff's standing. The SFLC will voluntarily dismiss before any Rule 
> 12 Motion to Dismiss is ever filed.

I suppose in your view all other lawyers are definitely dumb ('cause
you're so damn smart) and they didn't study law at all and get all
frightened for nothing then.

To me, since they have always agreed to fulfill their obligations, pay
damages, etc... it would seem like the lawyers concluded that whatever
the outcome would be, they would be in a much worse shape by not complying
with the Fair Terms of The License, and decided not to suffer the (court
mandated) consequences.

That's the best way you win in "court": buy not getting to court.

Rui

-- 
Pzat!
Today is Sweetmorn, the 39th day of The Aftermath in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?




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