Re: Original code

[rjack]

rjack wrote:
> In the ongoing BusyBox GPL lawsuit with Verizon, the
> plaintiffs Rob Landley and Erik Andersen
> must identify the specific source code in which *they*
> claim ownership as the original authors.

Verizon has been accused of distributing the binary object code
translated from the original BusyBox source code.

Once the alleged source code has been identified as the sole work 
of the respective plaintiffs Landley and Anderson (and not the 
work of other project contributors), the plaintiffs must 
demonstrate the specific object code (e.g. translation of the 
source code) that Verizon is violating.

Once all the non-ownership derivative patch code has been 
removed, what are the chances that any compiler on the planet 
will successfully compile the remaining fragments so that the 
allegedly infringed code may used for a test of "substantial 
similarity" to the sequence of thousands of ones and zeroes that 
Verizon distributes in the firmware code? How do you demonstrate 
"substantial similarity" in sequences of tens of thousands of 
binary symbols? "Substantial similarity" is a question to be 
decided by the trier-of-fact. It could be real interesting 
watching a judge or jury do this kind of comparison.

A huge corporation like Verizon will hire a law firm charging 
$250 - $400 per hour. The discovery phase, along with expert 
witness fees will entail costs of tens of thousands of dollars or 
more. The prevailing party in a copyright infringement action is 
awarded legal expenses. See 17 U.S.C. sec. 505.

I wonder if Landley and Anderson will use the SFLC for their 
bankruptcy filing.

Sincerely,
Rjack :)

--- "Although the United States Copyright Act, 17 U.S.C. sec. 
101- 1332, grants exclusive jurisdiction for infringement claims 
to the federal courts, those courts construe copyrights as 
contracts and turn to the relevant state law to interpret them."; 
Automation by Design, Inc. v. Raybestos Products Co., 463 F.3d 
749, (United States Court of Appeals for the Seventh Circuit 
2006) ---