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Re: The Busybox/ 'won' in court (default judgment) --

From: Rjack
Subject: Re: The Busybox/ 'won' in court (default judgment) -- where is the press release and all the buzz?
Date: Sat, 27 Sep 2008 22:02:37 -0500
User-agent: Thunderbird (Windows/20080914)

Alexander Terekhov wrote:

Interesting insights on SFLC racket tactic...


(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.)

A very similar case provides some insight into default judgments:

"The district court's concern over an apparent attempt to usurp
control of the court's docket is fully understandable. When justice
is denied by delay to so many, the administration of justice demands
the praiseworthy close control and supervision of its crowded docket
intended here by the district court. It is clear that courts cannot
surrender or shift that responsibility. Mere agreements of counsel
or parties cannot alone be sufficient to waive the timeliness
requirements of the Federal Rules. See Link v. Wabash R.R., 370 U.S.
626, 630-31, 82 S.Ct. 1386, 1388-89, 8 L.Ed.2d 734 (1962).5 But, as
above indicated, courts also " 'universally favor trial on the
merits.' " Erick Rios Bridoux v. Eastern Air Lines, supra at 210
(quoting Manos v. Fickenscher, 62 A.2d 791, 793 (D.C.Mun.App.1948)).
The assurances upon which defendants relied were part of and grew
out of settlement negotiations, a dispute-resolving mechanism the
courts seek to encourage. Settlement having failed, the interests of
justice in this case would be ill-served by resort to a procedural
device that would unfairly or unnecessarily foreclose resolution of
the dispute on its merits. As above indicated, the most certain
safeguard lies in application of the three listed criteria to
motions to set aside defaults.

Accordingly, we reverse the orders entering judgment for Keegel and
denying defendants' motion to set aside the default, and remand with
directions to grant defendants' motion to set aside the default."
Keegel v. Key West & Caribbean Trading Co., 627 F.2d 372

Rjack :)

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