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Re: From the Best Buy et. al. case

From: Alexander Terekhov
Subject: Re: From the Best Buy et. al. case
Date: Thu, 25 Feb 2010 09:44:12 +0100

RJack wrote:
>  From the  Erik Andersen vs. Best Buy et. al. Scheduling
> Order entered Feb. 22, 2010 appearing on PACER as case no. 1:09-cv-10155-SAS
> "Shira A. Scheindlin U.S.D.J.
> ...
> 2. A concise statement of the issues as they then appear;
> Pending results of Defendants' investigations, Defendants
> intend to show that the Plaintiff's have no damages, that
> the Defendants did nothing actionable under copyright law, that
> any alleged copying was not willful, that Plaintiffs are not
> the proper parties, that the copyright held by Mr. Andersen
> is not applicable, and that, since being put on notice of
> the purported requirements of the general public license,
> Defendants have endeavored to come into compliance with what
> can only be described as a 'moving target'."

Translation: Defendants intend to bankrupt frivolous Plaintiffs with
lawyer fees and sanctions.

I also like the initial schedule:

Depositions of fact witnesses to be completed by 12/17/2010. 

Initial disclosures by 3/8/2010. 

The parties will serve initial requests for production of documents by

Initial expert reports due 2/11/2011. Rebuttal expert reports due

Each expert's deposition will be completed by 4/15/2011. 

Fact discovery to be completed by 12/17/2010. 

Expert discovery to be completed by 4/15/2011. 

Final pre-trial conference: 1/6/2011 at 4:30. 

Counsel for the parties have conferred and their present best estimate
of the length of trial is fifteen (15) days. 

Certain Defendants contemplate that they may request a jury trial. 


P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <> The Silliest GPL 'Advocate'

(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)

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