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Re: Fw: [FSF] FSF Settles Suit Against Cisco

From: Rjack
Subject: Re: Fw: [FSF] FSF Settles Suit Against Cisco
Date: Thu, 21 May 2009 17:21:08 -0400
User-agent: Thunderbird (Windows/20090302)

Alan Mackenzie wrote:
Rjack <> wrote:
Alan Mackenzie wrote:

Yes, until the other side challenges it. I'm sure Cisco has a fully capable public relations department, which will be fully aware of the SFLC's press release. It would take them at most a couple of hours to issue their own press release countering the SFLC's. Have a search for that and post the URL when (or rather, if) you find it.

The case was dismissed WITH PREJUDICE against the FSF. I cannot imagine a multi-billion dollar company like Cisco caring what spin the FSF publishes on its website.

Now come on, old RJ. You're not village idiot enough to equate "dismissed with prejudice" with "tossed out as meritless". You've read enough web pages where it's been explained what really happened.

Again, it boils down to the question, what's the GPL to you? Are you working for, or with, or in sympathy with some organisation (no
 matter how badly organised) with an interest in vilifying the GPL
 or free software?  If so, what sort of organisation?

Now come on Freetards. You're not village idiots enough to equate
"dismissed with prejudice" with winning the requested relief which
is the measure by which victory is measured in a court of law.

To wit:

WHEREFORE, Plaintiff respectfully requests judgment against the
Defendant as follows:

(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 Plaintiff’s software;

(2) That the Court order Defendant to pay Plaintiff’s actual and
consequential damages incurred, in an amount to be determined at trial
or, in the alternative, statutory damages as set
forth in 17 U.S.C. § 504(c);

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

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

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

Defendant Cisco told plaintiff FSF to dismiss WITH PREJUDICE or else
-- and that's exactly what the plaintiff FSF did -- they turned tail
and ran.


Rjack :)

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