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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: Fri, 20 Feb 2009 18:14:07 +0100

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > Actiontec has made available the busybox code on 11/27/2007.
>  > The suit was reported on 12/07/2007
> 
> We have gone through this in detail in the past using the
> Wayback Machine. Actiontec was distributing routers for
> something like a year without making the GPLed sources
> available, during which period the copyright holders
> noticed and started legal action. That legal action led
> to both the lawsuit being filed and Actiontec coming into

What does the term "legal action" mean in GNUspeak, Hyman?

It's "legal action" as in what?

I'm just curious.

As far as I can tell, the legal action (as in "lawsuit") was started 
12/06/2007 and was terminated on 03/17/2008:

(from the docket)

12/06/2007 1  COMPLAINT against Verizon Communications, Inc.(Filing Fee
$ 350.00, Receipt Number 635205)Document filed by Erik Andersen, Rob
Landley.(jeh) (Entered: 12/10/2007) 

12/06/2007   SUMMONS ISSUED as to Verizon Communications, Inc. (jeh)
(Entered: 12/10/2007) 

12/06/2007   Case Designated ECF. (jeh) (Entered: 12/10/2007) 

12/06/2007   Magistrate Judge Debra C. Freeman is so designated. (jeh)
(Entered: 12/10/2007) 

12/14/2007 2  ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:
Initial Conference set for 3/7/2008 at 2:30 PM in Courtroom 17C, 500
Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.
(Signed by Judge Laura Taylor Swain on 12/13/07) (kco) (Entered:
12/14/2007) 

12/19/2007 3  AFFIDAVIT OF SERVICE of Summons and Complaint. Verizon
Communications, Inc. served on 12/7/2007, answer due 12/27/2007. Service
was accepted by Terry Rolddan, Legal Department. Document filed by Erik
Andersen; Rob Landley. (Ravicher, Daniel) (Entered: 12/19/2007) 

12/21/2007 4  ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER: Verizon
Communications, Inc. answer is due 1/18/2007. (Signed by Judge Laura
Taylor Swain on 12/21/2007) (jar) (Entered: 12/26/2007) 

01/02/2008 5  AFFIDAVIT OF SERVICE of Initial Conference Order served on
Verizon Communications on 12/20/07. Service was accepted by Janet
Donnelly, Assistant. Document filed by Erik Andersen, Rob Landley.
(Ravicher, Daniel) (Entered: 01/02/2008) 

01/22/2008 6  ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER:
Defendant has until 2/18/08, to answer or otherwise respond to the
Complaint. Verizon Communications, Inc. answer due 2/18/2008. (Signed by
Judge Laura Taylor Swain on 1/18/08) (tro) (Entered: 01/22/2008) 

02/19/2008 7  ORDER TO EXTEND TIME FOR DEFENDAT TO FILE ANSWER:
Defendant has until 2/27/08, to answer or otherwise respond to the
Complaint. Verizon Communications, Inc. answer due 2/27/2008. (Signed by
Judge Laura Taylor Swain on 2/19/08) (tro) (Entered: 02/19/2008) 

02/26/2008 8  ENDORSED LETTER addressed to Judge Laura Taylor Swain from
Daniel B. Ravicher dated 2/25/08 re: Plaintiffs request an adjournment
of the initial pre-trial conference currently scheduled for 3/7/08 to on
or after 4/4/08. ENDORSEMENT: The conference is adjourned to April 9,
2008 at 4:30 pm and the related submission deadline is modified
accordingly. ( Initial Conference set for 4/9/2008 at 04:30 PM before
Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on
2/25/08) (tro) (Entered: 02/26/2008) 

02/27/2008 9  ORDER that Defendants Verizon Communications, Inc. has
until March 14, 2008, to answer or otherwise respond to the Complaint
filed on December 6, 2007, by Plaintiffs Erik Andersen and Rob Landley.
IT IS SO ORDERED. Verizon Communications, Inc. answer due 3/14/2008.
(Signed by Judge Laura Taylor Swain on 2/27/2008) (jmi) (Entered:
02/27/2008) 

03/17/2008 10  NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Rule 41(a)(1)
of the F.R.C.P., plaintiffs Erik Andersen and Rob Landley hereby dismiss
this action against defendant Verizon Communications Inc. with prejudice
and without costs to any party. (Signed by Judge Laura Taylor Swain on
3/17/2008) (jpo) (Entered: 03/17/2008)

> compliance. Either the plaintiffs attorneys were not aware
> of the new web site, or they had a few other issues they
> wanted to resolve through the suit. In any case, because
> Actiontec had come into compliance, the plaintiffs
> dismissed their suit.

Why did they sue Verizon and not Actiontec, stupid?

regards,
alexander.

--
http://gng.z505.com/index.htm 
(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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