[Top][All Lists]

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Attorney fees

From: rjack
Subject: Re: Attorney fees
Date: Fri, 11 Jul 2008 20:05:06 -0400
User-agent: Thunderbird (Windows/20080421)

Hyman Rosen wrote:
rjack wrote:
What is manifestly clear from case law is that once a copyright owner repeatedly brings meritless claims that are not within the jurisdiction
 > of the court, the court will assume that the purported copyright owner
 > is filing frivolous, harassing actions subject to F.R.Civ.P. Rule 11
 > sanctions.

It's a long hard slog before a court will assume that, though:

I would guess that a prerequisite would be for a court to
actually decide that the claims were frivolous, which is
difficult when the cases are settled before they get to

>I will anxiously await a courageous code grabber
who is willing to go all the way, and then we'll see.

I will anxiously await a courageous SFLC plaintiff who is willing to go all the way and then we'll see. It's not the defendants who are dismissing their complaints under FRCP 41... it the SFLC's Monsoon plaintiffs.

Falsely labeling the defendants as "code grabbers" and attempting to shift the burden of proof to the defendants isn't very clever and fools no one.

If the SFLC is actually settling these frivolous actions as their self-serving blog statements claim, then let them present their evidence. It's put-up or shut-up time for the SFLC. It is their burden of proof.

Just one example of a federal court enforcing the terms of the GPL would end all the legal debates and the SFLC wouldn't "be forced" to mindlessly file repetitive suits. Remember it's *not* the defendants who are voluntarily dismissing these actions.

Of course if the GPL fails... so do all those lucrative SFLC attorney salaries being paid out of charitable contributions. Could it be that Eben Moglen knows there's a sucker born every minute? What better way to ride the gravy train than to keep the GPL in legal limbo?

When the GPL finally falls in court I can hear all those SFLC charitable
contributors rationalizing "Eben tried valiantly". The real art of conning a sucker is making him feel grateful that he got screwed. Good luck Hyman!


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." -- John Adams, 'Argument in Defense of the Soldiers in the Boston Massacre Trials,' December 1770

reply via email to

[Prev in Thread] Current Thread [Next in Thread]