Re: Original code

[rjack]

Alexander Terekhov wrote:
> rjack wrote:
> > In the ongoing BusyBox GPL lawsuit with Verizon, the
> > plaintiffs Rob Landley and Erik Andersen
> > must identify the specific source code in which *they*
> > claim ownership as the original authors. Does anyone have
> > any idea which source code is actually the plaintiffs sole
> > original work? The BusyBox site http://www.busybox.net/
>
> Aren't they supposed to have the copyight(s) registered prior to filing
> the suit?
>
> I've just checked http://www.copyright.gov/records and it doesn't seem
> to have anything from Rob Landley and/or Erik Andersen.
>
> Hmmm.
>
> regards,
> alexander.
>
> --
> "Plaintiffs’ copyrights are unique and valuable property whose market
> value is impossible to assess"
>
>                              -- SOFTWARE FREEDOM LAW CENTER, INC.

Yup.

From the United states Court of Appeals for the Second Circuit 
where the suit is filed:

"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).

Ouuuuuch!!!! No jurisdiction -- automatic dismissal.

Sincerely,
Rjack :)


-- "Standing involves two distinct inquiries. First, an Article 
III federal court must ask whether a plaintiff has suffered 
sufficient injury to satisfy the "case or controversy" 
requirement of Article III ... Second, if a plaintiff has 
suffered sufficient injury to satisfy Article III, a federal 
court must ask whether a statute has conferred "standing" on that 
plaintiff."; Cetacean Community v. Bush, 386 F.3d 1169 (United 
States Court of Appeals for the Ninth Circuit 2004) --