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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)


From: Rui Miguel Silva Seabra
Subject: Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)
Date: Tue, 04 Apr 2006 16:43:23 +0100

On Tue, 2006-04-04 at 17:10 +0200, Alexander Terekhov wrote:
> Time to address this little bit of silly propaganda.

> Rui Miguel Silva Seabra wrote:
> > 
> > One of Lex Terekhov's favorite "heroes" looses his "cause":
> > 
> > http://www.groklaw.net/article.php?story=20060320201540127
> > 
> >         Mr. Wallace's fourth Amended Complaint was dismissed and the
> >         Free Software Foundation's Motion to Dismiss was granted. It's
> >         the Order that tells Wallace to pay the Free Software
> >         Foundation's costs. Judges do that when they'd like you to learn
> >         a good lesson. It's a signal you shouldn't have brought the case
> >         in the first place.
> 
> That seems to be at odds with what it says in FRCivP 54(d):
> 
> "... costs other than attorneys' fees shall be allowed as of course 
> to the prevailing party ..."
> 
> Interestingly enough, the FSF has not filed a bill of costs. And it 
> appears that the 14-day deadline for doing so has expired.
> 
> "... Failure to file such bill or motion or to obtain leave of Court 
> for extensions of time within which to file shall be deemed a waiver 
> of the right to recover taxable costs or attorney fees."

The FSF doesn't seek every penny out of a lunatic... 
The horror... the horror...

News at 11pm

Rui

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