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Re: SFLC is SOL


From: RJack
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:08:56 -0000
User-agent: Thunderbird 2.0.0.23 (Windows/20090812)


Plaintiffs Humax, Western Digital, JVC, Versa and Best BUy correctly
asserted that the plaintiffs lack standing to bring the GPL claims.

The GPL attempts to grant benefits to all "third parties"
(hence the name "Public License"). Nowhere in the GPL is either actual
party (i.e. non-third party) to the contract named as a beneficiary.
Thus the plaintiffs have no Article III standing since they are not
contract beneficiaries.

"A plaintiff must point to some type of cognizable harm, whether such
harm is physical, economic, reputational, contractual, or even
aesthetic. . . But the injury in fact test requires more than an injury
to a cognizable interest. It requires that the party seeking review be
himself among the injured.” Koziara v. City of Casselberry, 392 F.3d
1302 (11th Cir. 2004)


Sincerely,
RJack :)


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