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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Hyman Rosen
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Fri, 27 Feb 2009 01:36:59 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

amicus_curious wrote:
They filed a lawsuit without even such an obvious investigation?

It is difficult to launch an investigation without a lawsuit.
The target has no incentive to respond.

So they didn't suddenly "become aware" of anything at all. They just became suddenly aware that they were out to lunch on the law and were about to have their case tossed out of court, so they surrendered, begging Verizon to not make an issue of things and probably paying for Verizon's costs. It was a total loss.

As the complaint states, for a long period of time Actiontec installed
GPLed code on their routers and the sources were not made properly
available under the GPL. After the lawsuit, the sources are made properly
available on Actiontec's website. This is a total victory.


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