Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson(AW1337)

[Alexander Terekhov]

Hyman Rosen wrote:
[...]
> > Attorney sanctions for a non-pro litigants sounds quite reasonable to
>  > me. Don't you agree, Hyman?
> 
> Only if they do it a bunch. Remember that Patry said
>      "... it is quite common to permit plaintiffs to amend
>       their complaint after they have received a registration."
> and surely most of those complaints are filed by lawyers, so it seems
> as if this sort of thing is not unusual and therefore should not be
> subject to sanctions unless it's repeated after a court said not to
> do it.
> 
> The SFLC hasn't had to face this yet, since it settles its cases.

http://www.softwarefreedom.org/resources/2008/foss-primer.html

"We at the Software Freedom Law Center are extremely fortunate because 
we get to provide legal assistance 
                  ^^^^^^^^^^^^^^^^

[...]

Our intended audience for this Primer is any person interested in a 
basic understanding of the legal issues
                           ^^^^^^^^^^^^

[...]

This Primer provides a baseline of knowledge about those areas of the 
law, intending to support productive conversations between clients and 
lawyers about specific legal needs.
                       ^^^^^^^^^^^

[...]

You do not need to register to enforce your copyright."
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I think that this piece of shit warrants Bar sanctions (up to
disbarment) against SFLC "lawyers" listed responsible for that "legal
assistance" document.  Don't you agree, Hyman?

-----
A Legal Issues Primer for Open Source and Free Software Projects
3 March 2008

Version 1.5.1

Richard Fontana 
Bradley M. Kuhn 
Eben Moglen 
Matthew Norwood 
Daniel B. Ravicher 
Karen Sandler 
James Vasile 
Aaron Williamson 
-----

"Registration of copyright in the work that is allegedly infringed is a
jurisdictional requirement. 17 U.S.C. § 411. Techniques, Inc. v. Rohn,
592 F.Supp. 1195, 1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984)("Pursuant to 17
U.S.C. § 411(a) as well as its predecessor, § 13, it has been held
repeatedly that ownership of a copyright registration is a
jurisidictional prerequisite to an action for infringement. . . . A
complaint which fails to plead compliance with § 411(a) is defective and
subject to dismissal."); Grundberg v. The Upjohn Company, 137 F.R.D.
372, 382; 19 U.S.P.Q. 1590 (D. Ut. 1991). Lacking even an allegation of
registration of copyright ... this Court is without subject matter
jurisdiction. "

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)