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

[Alexander Terekhov]

Tim Smith wrote:
[...]
> (I'm assuming statutory damages would be available, because I'm assuming
> the copyrights have been registered.  I can't find that registration,
> but I don't claim to be a good copyright registration searcher.  I
> assume they have been registered, because if not, every defendant so far
> would have filed an answer to the complaint pointing that out, and the

Defentdant to SFLC: Dismiss voluntarily or we'll file an answer and
you'll have to pay.

SFLC: Okay, okay. Wait a bit.

Defentdant to SFLC: This is last warning. Dismiss voluntarily or we'll
file an answer and you'll have to pay.

SFLC to the World: <files notice of voluntary dismissal> Victory!

> court would have immediately dismissed for lack of jurisdiction.  The
> first time, the court would have been amused at the plaintiff
> overlooking such a basic thing.  But aren't they filling subsequent
> suits in the same court?  The court is not going to be amused the second
> time the same plaintiff brings forth essentially the same case with the
> same flaw.  We'd be seeing sanctions by now, probably.  Thus, I infer
> that the copyrights must be registered).

The SFLC is a bunch of *copyleft* "lawyers" (not copyright lawyers) with
perfect skills of sucking misplaced tax-deductible donations. They are
of opinion that 

http://www.softwarefreedom.org/resources/2008/foss-primer.html

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

Thus we can infer that the *copyleft* statute of GNU Republic doesn't
impose any jurisdictional requirements to enforce copyr^Hlefts.

"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. "

regards,
alexander.

-- 
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