Best Buy countersues SFLC gang

[Alexander Terekhov]

"Best Buy Co., Inc. (“Best Buy”), erroneously sued in place of Best Buy
Stores, L.P. and BestBuy.Com, LLC, answers Software Freedom Conservancy,
Inc. and Erik Andersen’s (“Plaintiffs”) Original Complaint (“Complaint”)
as follows:

[... snip answer ...]

COUNTERCLAIMS

Defendant/Counterclaimant Best Buy for its separate counterclaims
against Plaintiffs Software Freedom Conservancy, Inc. and Erik Andersen
states and alleges as follows:

1. This is an action for declaratory judgment, together with such
further relief based thereon as may be necessary or proper, pursuant to
the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. There
is an actual controversy between Best Buy and Plaintiffs arising under
United States copyright laws, Title 17 of the United States Code.

2. The subject matter jurisdiction of this Court is founded upon Title
28, United States Code §§ 1331, 1338(a), 2201 and 2202.

3. Best Buy is a Minnesota corporation with its principal place of
business at 7601 Penn Ave. South, Richfield, Minnesota 55423.

4. Software Freedom Conservancy, Inc. alleges that it is a
not-for-profit New York corporation with its principal place of business
at 1995 Broadway, 17th Fl., New York, New York 10023.

5. Erik Andersen alleges that he has a residence in Springville, Utah.

6. Mr. Anderson alleges that he authored, developed and owns the
copyrights in a computer program called “BusyBox.”

7. Software Freedom Conservancy, Inc. alleges that it is a copyright
enforcement agent for Mr. Andersen with respect to BusyBox.

8. Mr. Andersen and Software Freedom Conservancy, Inc. (“Plaintiffs”)
allege that Best Buy has infringed Mr. Andersen’s alleged copyrights in
BusyBox.

FIRST COUNTERCLAIM
DECLARATORY JUDGMENT OF NON-INFRINGEMENT

9. Best Buy restates and realleges each of the allegations set forth in
the Counterclaim paragraphs 1-8 above.

10. By filing the instant Complaint, Plaintiffs have purported to assert
a claim for copyright infringement by Best Buy of copyrights in BusyBox.

11. Best Buy has not infringed any copyrights in BusyBox.

12. Best Buy is entitled to judgment that it has not infringed any
copyrights in BusyBox.

JURY DEMAND

13. Best Buy requests a jury trial on all issues triable of right by a
jury.

PRAYER FOR RELIEF

WHEREFORE, Defendant/Counterclaimant Best Buy prays for judgment in its
favor against Plaintiffs/Counterclaimants as follows:

1. Dismissing Plaintiffs’ cause of action with prejudice and on the
merits;

2. Declaring that Best Buy has not infringed the alleged copyrights in
BusyBox;

3. Awarding Best Buy its costs, including reasonable attorneys’ fees,
incurred in connection with this matter; and

4. Awarding such other relief as this Court deems just and equitable.

Dated: New York, New York Respectfully submitted,
March 8, 2010
/s/ David Leichtman
David Leichtman (DL-7233)
dleichtman@rkmc.com"

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <hyrosen@mail.com> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <hyrosen@mail.com> The Silliest GPL 'Advocate'

--
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.)