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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: Tue, 24 Feb 2009 17:31:08 +0100

Hyman Rosen wrote:
> In every one of the cases, the plaintiffs demanded that the
> defendants comply with the GPL. 

Why don't you quote the corresponding passages (demanding that the
defendants comply with the GPL) from the plaintiffs' complaint(s)?

Stop hallucinating, Hyman.

20. Plaintiffs are entitled to recover from Defendant the amount of
their actual damages incurred as a result of their infringement, in such
amount as is shown by appropriate evidence upon the trial of this case.
17 U.S.C. §504.

21. Plaintiffs are also entitled to injunctive relief pursuant to 17
U.S.C. §502 and to an order impounding any and all infringing materials
pursuant to 17 U.S.C. §503. Plaintiffs have no adequate remedy at law
for Defendant’s wrongful conduct because, among other things, (a)
Plaintiffs’ copyrights are unique and valuable property whose market
value is impossible to assess, (b) Defendant’s infringement harms
Plaintiffs such that Plaintiffs could not be made whole by any monetary
award, and (c) Defendant’s wrongful conduct, and the resulting damage to
Plaintiffs, is continuing.

22. Plaintiffs are also entitled to recover their attorneys’ fees and
costs of suit. 17 U.S.C. §505.


WHEREFORE, Plaintiffs respectfully request judgment against Defendant as

(1) That the Court issue injunctive relief against Defendant, and that
Defendant, its directors, principals, officers, agents, representatives,
servants, employees, attorneys, successors and assigns, and all others
in active concert or participation with Defendant, be enjoined and
restrained from copying, modifying, distributing or making any other
infringing use of Plaintiffs’ software. 

(2) That the Court order Defendant to pay Plaintiffs’ actual and
consequential damages incurred, in an amount to be determined at trial;

(3) That the Court order Defendant to account for and disgorge to
Plaintiffs all profits derived by Defendant from its unlawful acts;

(4) That the Court order Defendant to pay Plaintiffs’ litigation
expenses, including reasonable attorney’s fees and costs of this action;

(5) That the Court grant Plaintiffs any such further relief as the Court
may deem just and proper.


(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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