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Re: Blowhard Bradley Kuhn and his fraud

From: RJack
Subject: Re: Blowhard Bradley Kuhn and his fraud
Date: Wed, 02 Feb 2011 15:21:37 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv: Gecko/20101207 Thunderbird/3.1.7

On 2/2/2011 9:47 AM, RJack wrote:

Erik Andersen's application for injunction claims:

Plaintiff Erik Andersen “is the owner of the copyright of both the
derivative and pre-existing work, the registration certificate relating
to the derivative work in this circumstance will suffice to permit it to
maintain an action for infringement based on defendants'infringement of
the preexisting work.” Streetwise Maps, Inc. v. Vandam, Inc., 159 F.3D
739, 747 (2d Cir. 1998). See Melville Nimmer & David Nimmer, Nimmer on
Copyright § 7.16[B][2] (1997) (copyright owners of derivative work that
own pre-existing work should be able to pursue copyright infringement
action against individuals infringing the pre-existing work, even when
only derivative work registered).

Andersen's original registration claim asserts:

Title of Work: BusyBox, v.0.60.3

Limitation of copyright claim _________________________

Material excluded from this claim: Previous version of
the program and computer program from other sources.

New material included in claim: New and revised computer
source by Erik Andersen

Erik Andersen did NOT own the pre-existing work material EXCLUDED from
the original  registration claim for "BusyBox, v.0.60.3" which was
entered as "Previous version of the program and computer program
from other sources". See

"The version 0.60.3 of BusyBox upon which Mr. Andersen claims copyright
registration in the lawsuits is to a great extent my own work and that
of other developers. I am not party to the registration. It is not at
all clear that Mr. Andersen holds a majority interest in that work." --
Bruce Perens

Therefore Streetwise Maps (supra) does not apply to the original
registration of "BusyBox, v.0.60.3".


RJack :)

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