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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: amicus_curious
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Fri, 27 Feb 2009 08:55:38 -0500

"Rahul Dhesi" <> wrote in message news:go7vgf$4p5$
"amicus_curious" <> writes:

I don't know that they are "afraid" of Verizon, I think that they do
understand the meaning of "dismissed with predjudice" though and have no way
to complain of Verizon distributing executable code for Actiontec routers
that is not accompanied by any source code or by any reference to a GPL
license or even any acknowledgement of same.  Stay in denial, but that is
not a good thing to do in the long run.

A dismissal with prejudice just means you can't refile for a violation
that has already occurred.  You can always refile for violations
occuring after that.

It means you cannot file a complaint for the same thing on the same evidence. The complaint was that Verizon was offering the Actiontec router containing firmware that was not being properly distributed according to the BusyBox GPL. Do you think that Verizon can be sued by the BusyBox authors for continuing to distribute Actiontec firmware without regard to the GPL? Not in the USofA.

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