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Re: The SFLC dismissals should be coming soon

From: RJack
Subject: Re: The SFLC dismissals should be coming soon
Date: Tue, 16 Feb 2010 16:18:51 -0500
User-agent: Thunderbird (Windows/20090812)

Hyman Rosen wrote:
On 2/16/2010 2:01 PM, Alexander Terekhov wrote:
"The suit was filed on behalf of the Software Freedom Conservancy (Conservancy)" Hey Hyman, care to find any copyright registrations
addressed to/from "the Software Freedom Conservancy (Conservancy)"?

The SFLC is a non-profit law firm established in 2005 to provide pro-bono legal services to Free and Open Source Software (FOSS) developers. The suit was filed on behalf of the Software Freedom Conservancy (Conservancy), the non-profit corporate home of the popular software application BusyBox and many other FOSS projects, and Erik Andersen, one of the program's principal developers and copyright holders.

<> The Software
Freedom Conservancy is an organization composed of Free, Libre and
Open Source Software (FLOSS) projects (called Conservancy's “member
projects”). Conservancy is a fiscal sponsor for these member
projects, thus the Conservancy's member projects benefit from
financial, administrative services and non-profit oversight. By
joining the Conservancy, member projects can obtain the benefits of a
formal legal structure while keeping themselves focused on software

[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).

"Captain Moglen scared them out of the water!"


RJack :)

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