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Re: SFLC in frivolous mode again

From: RJack
Subject: Re: SFLC in frivolous mode again
Date: Tue, 15 Dec 2009 17:05:04 -0500
User-agent: Thunderbird (Windows/20090812)

RJack wrote:
After having read this newsgroup and learning that you must register
your BusyBox copyrights prior to filing suit for infringement, the SFLC has filed a new lawsuit with fourteen defendants this time.

Ahhhhhh......... let the fun begin anew.

Perhaps when the SFLC legal beagles read this newsgroup they will
realize how quickly the federal judge in this case will bounce the named
plaintiff "The Software Freedom Conservancy, Inc" from this frivolous

From the complaint filed by the SFLC:

****                  THE PARTIES

1. The Software Freedom Conservancy, Inc. is a 501(c)(3) tax exempt New
York not-forprofit corporation with a principal place of business at
1995 Broadway, 17th Fl., New York, New York 10023. The Conservancy acts
as the corporate home and fiscal sponsor for various free and open
source software (“FOSS”) projects. The Conservancy also serves as
copyright enforcement agent for the owners of rights in and to some of
its member projects.

2. Mr. Erik Andersen is a private individual with a residence in
Springville, Utah. Mr. Andersen develops, markets, distributes, and
licenses computer software in a professional

But..... from the Second Circuit Court of Appeals:

"The Copyright Act authorizes only two types of claimants to sue for
copyright infringement: (1) owners of copyrights, and (2) persons who
have been granted exclusive licenses by owners of copyrights.[Note 3]

[Note 3] ... We do not believe that the Copyright Act permits holders of
rights under copyrights to choose third parties to bring suits on their
behalf. While F.R.Civ.P. 17(a) ordinarily permits the real party in
interest to ratify a suit brought by another party, see Urrutia Aviation
Enterprises v. B.B. Burson & Associates, Inc., 406 F.2d 769, 770 (5th
Cir.1969); Clarkson Co. Ltd. v. Rockwell Int'l Corp., 441 F.Supp. 792
(N.D.Calif.1977), the Copyright Law is quite specific in stating that
only the "owner of an exclusive right under a copyright" may bring suit.
17 U.S.C. Sec.  501(b) (Supp. IV 1980)."; Eden Toys Inc v. Florelee
Undergarment Co Inc, 697 F.2d 27 (2nd Cir 1983).

Is the SFLC getting its legal advice from Groklaw?


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