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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 20:53:09 -0400
User-agent: Thunderbird (Windows/20090302)

Hyman Rosen wrote:
Rjack wrote:
equate "dismissed with prejudice" with winning the requested relief

Of course not, because winning the requested relief isn't the goal of the suit. The goal of the suit is compliance with the GPL. However, since acceptance of the GPL is voluntary, the suit must be filed as a request for relief due to copyright violation, and as usual in any lawsuit the claims are made in a maximal fashion, just
 as the defenses are.

which is the measure by which victory is measured in a court of law.

The measure of victory is whether stated goals are achieved. The stated goal of the FSF is always, before, during, and after the lawsuits, only compliance with the GPL.

ROFL. Here are the *verifiable* and *sworn* "stated goals" of the Free
Software Foundation:

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."


Rjack :)

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