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


From: Alexander Terekhov
Subject: Re: SFLC's GPL court enforcement -- track record
Date: Sat, 08 Dec 2007 17:33:54 +0100

David Kastrup wrote:
[...]
> Pointless?  If they win in court, they have to pay neither court nor
> lawyer costs.  

Are you talking about US or Germany? 

> And if the publishing is no big deal, why would they need
> to get sued before bothering about compliance?

>From the defendants perspective, making source code available may well
add to expenses. Think of a router with some tinkered code resold on
ebay "gebraucht mit Rechnung und rest Garantie" and second owner 
calling support line. 

> 
> > And so defendants simply don't bother to fight and prefer to settle
> > agreeing to provide one more mirror.
> 
> They could have done that before they started paying lawyers.

Like in the case of Monsoon? How much (if anything at all) do you 
think they paid to lawyers?

Here's the docket in full.

09/19/2007 1  COMPLAINT against Monsoon Multimedia, Inc.. (Filing Fee $
350.00, Receipt Number 627415)Document filed by Erik Andersen, Rob
Landley.(jpo) (Entered: 09/20/2007) 
09/19/2007   SUMMONS ISSUED as to Monsoon Multimedia, Inc. (jpo)
(Entered: 09/20/2007) 
09/19/2007   Magistrate Judge Andrew J. Peck is so designated. (jpo)
(Entered: 09/20/2007) 
09/19/2007   Case Designated ECF. (jpo) (Entered: 09/20/2007) 
10/10/2007 2  ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER: It is
hereby ordered that Defendant Monsoon Multimedia, Inc. until October 22,
2007 to answer the Complaint filed on 9/19/07 by Plaintiffs Erik
Andersen and Rob Landley. (dle) (Entered: 10/10/2007) 
10/17/2007 5  NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska.
Judge John E. Sprizzo is no longer assigned to the case. (laq) (Entered:
10/23/2007) 
10/18/2007 3  AFFIDAVIT OF SERVICE. Monsoon Multimedia, Inc. served on
9/24/2007, answer due 10/22/2007. Service was accepted by Loretta Alger,
Account Manager. Document filed by Erik Andersen; Rob Landley.
(Ravicher, Daniel) (Entered: 10/18/2007) 
10/19/2007 4  ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER that
Defendant Monsoon Multimedia, Inc. has until November 5, 2007 to answer
the Complaint filed on Sept. 19, 2007 by Plaintiff Erik Andersen and Rob
Landley. Monsoon Multimedia, Inc. answer due 11/5/2007. SO ORDERED.
(Signed by Judge Peter K. Leisure on 10/17/2007) (jmi) (Entered:
10/19/2007) 
10/23/2007   Emailed notice to the attorney(s) of record. (laq)
(Entered: 10/23/2007) 
10/23/2007 6  ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER:
defendant Monsoon Multimedia, Inc. has until 11/5/07 to answer the
Complaint filed on Sept. 19, 2007 by Plaintiff Erik Andersen and Rob
Landley. (Signed by Judge Loretta A. Preska for Judge John E. Sprizzo on
10/22/07) (kco) (Entered: 10/25/2007) 
11/30/2007 7  NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of
the F.R.C.P.: Plaintiffs hereby dismiss this action against defendants
without prejudice and without costs to any party. (Signed by Judge
Loretta A. Preska on 11/29/07) (tro) (Entered: 11/30/2007) 

I see no filings from Monsoon.

> 
> > If, on the other hand, Moglen & Co ever dares to sue (based on his
> > utterly insane "complete source code" and "derived work" theories)
> > forcing to GPL the code with some not insignificant commercial value,
> 
> Uh, like code for commercially viable routers?

How much do you think they (Monsoon and/or their kit suppllier from 
Taiwan) paid for busybox code to busybox developers?

regards,
alexander.

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

                             -- SOFTWARE FREEDOM LAW CENTER, INC.


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