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SFLC is SOL


From: RJack
Subject: SFLC is SOL
Date: Tue, 04 May 2010 16:07:16 -0000
User-agent: Thunderbird 2.0.0.23 (Windows/20090812)

The SFLC has finally bought itself a shit-load of trouble. Five of
fourteen defendants' ANSWERS TO COMPLAINT are up on the SDNY PACER site.

Excerpt from the Best Buy answer:

. . .
FIRST COUNTERCLAIM

DECLARATORY JUDGMENT OF NON-INFRINGEMENT
9. Best Buy restates and realleges each of the allegations set forth in
the Counterclaim paragraphs 1-8 above.
10. By filing the instant Complaint, Plaintiffs have purported to assert
a claim for copyright infringement by Best Buy of copyrights in BusyBox.
11. Best Buy has not infringed any copyrights in BusyBox.
12. Best Buy is entitled to judgment that it has not infringed any
copyrights in BusyBox.

JURY DEMAND
13. Best Buy requests a jury trial on all issues triable of right by a jury.

PRAYER FOR RELIEF

WHEREFORE, Defendant/Counterclaimant Best Buy prays for judgment in its
favor against Plaintiffs/Counterclaimants as follows:
1. Dismissing Plaintiffs’ cause of action with prejudice and on the merits;
2. Declaring that Best Buy has not infringed the alleged copyrights in
BusyBox;
3. Awarding Best Buy its costs, including reasonable attorneys’ fees,
incurred in connection with this matter; and
4. Awarding such other relief as this Court deems just and equitable.
. . .

This means that the SFLC cannot file a vouluntary dismissal without
the permission of Best Buy Inc.

Sincerely,
RJack :)


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