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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Alexander Terekhov
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Wed, 25 Feb 2009 20:52:40 +0100

Hyman Rosen wrote:
[...]
> <http://cyberlaw.stanford.edu/packet/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh>

Hey Hyman, consider how the case ended:

--------
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THERAPEUTIC RESEARCH FACULTY
Plaintiff,

vs.

NBTY, INC., REXALL SUNDOWN, INC., and
LE NATURISTE J.M.B., INC.
Defendants.

CASE NO. 2:05-CV-02322 GEB DAD

STIPULATION AND 
ORDER FOR DISMISSAL OF THE
ENTIRE ACTION

WHEREAS, plaintiff Therapeutic Research Faculty (“Plaintiff”) and
defendants NBTY, Inc., Rexall Sundown, Inc., and Le Naturiste J.M.B.
Inc. (collectively, “Defendants”) have reached a settlement in this
matter whereby Plaintiff has agreed to dismiss the entire action against
Defendants with prejudice, with each party to bear its own attorneys’
fees and costs incurred in this action;

IT IS HEREBY STIPULATED by and among plaintiff Therapeutic Research
Faculty, on the one hand, and defendants NBTY, Inc., Rexall Sundown,
Inc., and Le Naturiste J.M.B. Inc., on the other hand, by and through
their respective attorneys of record, that the entire action shall be
dismissed with prejudice, with each party to bear its own attorneys’
fees and costs incurred in this action. The Court will retain
jurisdiction to enforce the payment terms of the settlement for a period
of thirty (30) days.

IT IS SO STIPULATED:

Dated: February 23, 2007 Respectfully submitted,

LEVINE SULLIVAN KOCH & SCHULZ, LLP
By: /s/ Chad R. Bowman
Celeste Phillips
Seth D. Berlin
Chad R. Bowman
Attorney For Plaintiff
Therapeutic Research Faculty

Dated: February 23, 2007 Respectfully submitted,

LORD, BISSELL & BROOK LLP
By: /s/ Gabriel G. Green
John T. Williams
Gabriel G. Green
Attorney For Defendants
NBTY, Inc., Rexall Sundown, Inc., and
Le Naturiste J.M.B. Inc.

IT IS SO ORDERED:

HON. GARLAND E. BURRELL, JR.
United States District Judge
--------

now contrast it with 

http://www.terekhov.de/GPLvVerizon/DISMISSAL.pdf

What say you now, Hyman? (Regarding all those alleged SFLC
"settlements".)

<chuckles>

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.)


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