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Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Will

From: Alexander Terekhov
Subject: Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson(AW1337)
Date: Thu, 24 Jul 2008 19:32:20 +0200

Hyman Rosen wrote:
> > Attorney sanctions for a non-pro litigants sounds quite reasonable to
>  > me. Don't you agree, Hyman?
> Only if they do it a bunch. Remember that Patry said
>      "... it is quite common to permit plaintiffs to amend
>       their complaint after they have received a registration."
> and surely most of those complaints are filed by lawyers, so it seems
> as if this sort of thing is not unusual and therefore should not be
> subject to sanctions unless it's repeated after a court said not to
> do it.
> The SFLC hasn't had to face this yet, since it settles its cases.

"We at the Software Freedom Law Center are extremely fortunate because 
we get to provide legal assistance 


Our intended audience for this Primer is any person interested in a 
basic understanding of the legal issues


This Primer provides a baseline of knowledge about those areas of the 
law, intending to support productive conversations between clients and 
lawyers about specific legal needs.


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

I think that this piece of shit warrants Bar sanctions (up to
disbarment) against SFLC "lawyers" listed responsible for that "legal
assistance" document.  Don't you agree, Hyman?

A Legal Issues Primer for Open Source and Free Software Projects
3 March 2008

Version 1.5.1

Richard Fontana 
Bradley M. Kuhn 
Eben Moglen 
Matthew Norwood 
Daniel B. Ravicher 
Karen Sandler 
James Vasile 
Aaron Williamson 

"Registration of copyright in the work that is allegedly infringed is a
jurisdictional requirement. 17 U.S.C. § 411. Techniques, Inc. v. Rohn,
592 F.Supp. 1195, 1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984)("Pursuant to 17
U.S.C. § 411(a) as well as its predecessor, § 13, it has been held
repeatedly that ownership of a copyright registration is a
jurisidictional prerequisite to an action for infringement. . . . A
complaint which fails to plead compliance with § 411(a) is defective and
subject to dismissal."); Grundberg v. The Upjohn Company, 137 F.R.D.
372, 382; 19 U.S.P.Q. 1590 (D. Ut. 1991). Lacking even an allegation of
registration of copyright ... this Court is without subject matter
jurisdiction. "


(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.)

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