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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Rjack
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Fri, 20 Feb 2009 13:20:01 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Alexander Terekhov wrote:
Hyman Rosen wrote:
Alexander Terekhov wrote:
Actiontec has made available the busybox code on 11/27/2007. The suit was reported on 12/07/2007

We have gone through this in detail in the past using the Wayback Machine. Actiontec was distributing routers for something like a year without making the GPLed sources available, during which period the copyright holders noticed
and started legal action. That legal action led to both the
lawsuit being filed and Actiontec coming into

What does the term "legal action" mean in GNUspeak, Hyman?

It's "legal action" as in what?

I'm just curious.

As far as I can tell, the legal action (as in "lawsuit") was
started 12/06/2007 and was terminated on 03/17/2008:

(from the docket)

12/06/2007 1  COMPLAINT against Verizon Communications,
Inc.(Filing Fee $ 350.00, Receipt Number 635205)Document filed by
Erik Andersen, Rob Landley.(jeh) (Entered: 12/10/2007)

12/06/2007   SUMMONS ISSUED as to Verizon Communications, Inc.
(jeh) (Entered: 12/10/2007)

12/06/2007   Case Designated ECF. (jeh) (Entered: 12/10/2007)

12/06/2007   Magistrate Judge Debra C. Freeman is so designated.
(jeh) (Entered: 12/10/2007)

12/14/2007 2  ORDER RE SCHEDULING AND INITIAL PRETRIAL
CONFERENCE: Initial Conference set for 3/7/2008 at 2:30 PM in
Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge
Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on
12/13/07) (kco) (Entered: 12/14/2007)

12/19/2007 3  AFFIDAVIT OF SERVICE of Summons and Complaint.
Verizon Communications, Inc. served on 12/7/2007, answer due
12/27/2007. Service was accepted by Terry Rolddan, Legal
Department. Document filed by Erik Andersen; Rob Landley.
(Ravicher, Daniel) (Entered: 12/19/2007)

12/21/2007 4  ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER:
Verizon Communications, Inc. answer is due 1/18/2007. (Signed by
Judge Laura Taylor Swain on 12/21/2007) (jar) (Entered:
12/26/2007)

01/02/2008 5  AFFIDAVIT OF SERVICE of Initial Conference Order
served on Verizon Communications on 12/20/07. Service was
accepted by Janet Donnelly, Assistant. Document filed by Erik
Andersen, Rob Landley. (Ravicher, Daniel) (Entered: 01/02/2008)

01/22/2008 6 ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ANSWER: Defendant has until 2/18/08, to answer or otherwise respond to
the Complaint. Verizon Communications, Inc. answer due 2/18/2008.
(Signed by Judge Laura Taylor Swain on 1/18/08) (tro) (Entered:
01/22/2008)

02/19/2008 7 ORDER TO EXTEND TIME FOR DEFENDAT TO FILE ANSWER: Defendant has until 2/27/08, to answer or otherwise respond to
the Complaint. Verizon Communications, Inc. answer due 2/27/2008.
(Signed by Judge Laura Taylor Swain on 2/19/08) (tro) (Entered:
02/19/2008)

02/26/2008 8  ENDORSED LETTER addressed to Judge Laura Taylor
Swain from Daniel B. Ravicher dated 2/25/08 re: Plaintiffs
request an adjournment of the initial pre-trial conference
currently scheduled for 3/7/08 to on or after 4/4/08.
ENDORSEMENT: The conference is adjourned to April 9, 2008 at 4:30
pm and the related submission deadline is modified accordingly. (
Initial Conference set for 4/9/2008 at 04:30 PM before Judge
Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/25/08) (tro) (Entered: 02/26/2008)

02/27/2008 9  ORDER that Defendants Verizon Communications, Inc.
has until March 14, 2008, to answer or otherwise respond to the
Complaint filed on December 6, 2007, by Plaintiffs Erik Andersen
and Rob Landley. IT IS SO ORDERED. Verizon Communications, Inc.
answer due 3/14/2008. (Signed by Judge Laura Taylor Swain on
2/27/2008) (jmi) (Entered: 02/27/2008)

03/17/2008 10  NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Rule
41(a)(1) of the F.R.C.P., plaintiffs Erik Andersen and Rob
Landley hereby dismiss this action against defendant Verizon
Communications Inc. with prejudice and without costs to any
party. (Signed by Judge Laura Taylor Swain on 3/17/2008) (jpo)
(Entered: 03/17/2008)

compliance. Either the plaintiffs attorneys were not aware of
the new web site, or they had a few other issues they wanted to
resolve through the suit. In any case, because Actiontec had
come into compliance, the plaintiffs dismissed their suit.

Why did they sue Verizon and not Actiontec, stupid?

Because the lawyers at the SFLC, being GNUtians themselves, are
stupid enough to file copyright complaints in the Second Circuit for
plaintiffs who have no standing in federal court since they have no
registered copyrights.

Sincerely,
Rjack :)



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