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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Alexander Terekhov
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Thu, 19 Feb 2009 12:50:16 +0100

Hyman Rosen wrote:
> Rjack wrote:
> > a settlement agreement of record.
> Why would a settlement agreement be public?
> Usually settlements are kept private.

You should submit a patch to wikipedia, Hyman.

Generally, when a settlement is reached in the U.S., it will be
submitted to the court to be "rolled into a court order". This is done
so that the court which was initially assigned the case may retain
jurisdiction over it. The court is then free to modify its order as
necessary to achieve justice in the case, and a party that breaches the
settlement may be held in contempt of court, rather than facing only a
civil claim for the breach. In cases where confidentiality is required
by the parties, the court order may refer to another document which is
not disclosed, but which may be revealed to prove a breach of the

Confidentiality is not possible in class action cases in the United
States, where all settlements are subject to approval by the court
pursuant to Rule 23 of the Federal Rules of Civil Procedure and
counterpart rules adopted in most states.

See also:



(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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