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Re: Justice draws nigh

From: David Kastrup
Subject: Re: Justice draws nigh
Date: Wed, 08 Dec 2010 15:55:14 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux)

Hyman Rosen <> writes:

> On 5/12/2010 4:18 PM, David Kastrup wrote:
>> Are you claiming that there is no code overlap between the Actiontec
>> distribution and Busybox v.0.60.3?
> In at least some districts, courts require registration of the
> exact version of the work which is the subject of the case.

You have to have sufficient overlap.  But it would be pointless to
demand registration of some "exact version" when the defendant has
modified the original version.  Of course the plaintiff can't register
the exact version resulting from the defendant's modifications.

So I have my doubt about your statement here.  Of course, when some
versions have diverged sufficiently to not leave identifiable code
passages, the court will reject the claim since he has no base to work

For example, if 0.6 was a complete rewrite from scratch, you can't use a
registration of 0.6 to complain about infringement of version 0.59 and
vice versa.

David Kastrup

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