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Re: Samsung's answer to SFLC gang


From: RJack
Subject: Re: Samsung's answer to SFLC gang
Date: Tue, 04 May 2010 16:12:26 -0000
User-agent: Thunderbird 2.0.0.24 (Windows/20100228)

Alexander Terekhov wrote:
From pacer... interesting bits from Samsung's answer :

"Defendant denies that Mr. Anderson is the author or developer of the
BusyBox computer program, and the owner of the copyright in that computer program. "

"FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim)

36. As a separate and distinct First Affirmative Defense to the Complaint and each claim for relief alleged therein, Defendant
alleges that the Complaint and each of said claims for relief fail to
state a claim upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE (Statute of Limitations)

37. As a further, separate and distinct Second Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant alleges that Plaintiffs’ claims are barred by applicable statutes of limitations including, but not limited to, 28 U.S.C. § 1658 and 17 U.S.C. § 507(b).

THIRD AFFIRMATIVE DEFENSE (Improper Joinder)

38. As a further, separate and distinct Third Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant
alleges that the Complaint improperly joins different defendants
and/or plaintiffs and/or fails to join necessary defendants and/or
plaintiffs including, but not limited to, all the co-authors of the
alleged copyrighted materials.

FOURTH AFFIRMATIVE DEFENSE (Laches)

39. As a further, separate and distinct Fourth Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of laches.


FIFTH AFFIRMATIVE DEFENSE (Unclean Hands)

40. As a further, separate and distinct Fifth Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant
alleges that Plaintiffs’ claims are barred by the doctrine of unclean
hands.

SIXTH AFFIRMATIVE DEFENSE (Estoppel)

41. As a further, separate and distinct Sixth Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant
alleges that Plaintiffs’ claims are barred by the doctrine of
estoppel.

SEVENTH AFFIRMATIVE DEFENSE (No Copyright Interest)

42. As a further, separate and distinct Seventh Affirmative Defense
to the Complaint and each claim for relief alleged therein, Defendant
 alleges that Plaintiffs do not have sufficient rights in the alleged
 copyrighted materials to claim ownership in any copyright therein.

EIGHTH AFFIRMATIVE DEFENSE (Fair Use)

43. As a further, separate and distinct Eighth Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant alleges that Plaintiffs’ claims are barred by the doctrine of fair
use.

NINTH AFFIRMATIVE DEFENSE (Misuse)

44. As a further, separate and distinct Ninth Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant
alleges that Plaintiffs’ claims are barred by the doctrine of
copyright misuse. Defendants are informed and believe, and on that
basis allege, that Plaintiffs’ claims are barred because Plaintiffs
have used the alleged copyrights at issue in this case to engage in
anticompetitive behavior under United States law.

TENTH AFFIRMATIVE DEFENSE (Innocent Infringement)

45. As a further, separate and distinct Tenth Affirmative Defense to
the Complaint and each claim for relief alleged therein, Defendant
alleges that, to the extent Defendant has infringed any of
Plaintiffs’ copyrights such infringement was innocent and
unintentional.

ELEVENTH AFFIRMATIVE DEFENSE (De Minimis Use)

46. As a further, separate and distinct Eleventh Affirmative Defense
to the Complaint and each claim for relief alleged therein, Defendant
 alleges that any alleged copyright infringement was only de minimis
and, therefore, not actionable.

TWELFTH AFFIRMATIVE DEFENSE (Licensed Use)

47. As a separate and distinct Twelfth Affirmative Defense and each claim for relief alleged therein, Defendant alleges that Plaintiffs’ claim for copyright infringement is barred under at least the
provisions of 17 U.S.C. § 109(a), as Defendant was licensed and any
copies alleged to be infringing were, therefore, lawfully made.

THIRTEENTH AFFIRMATIVE DEFENSE (Improper Venue)

48. As a further, separate and distinct Thirteenth Affirmative
Defense to the Complaint and each claim for relief alleged therein,
Defendant alleges that venue for this matter is improper.

FOURTEENTH AFFIRMATIVE DEFENSE (Public Domain)

49. As a further, separate and distinct Fourteenth Affirmative
Defense to the Complaint and each claim for relief alleged therein,
Defendant alleges that the alleged copyrighted materials are now, and
have been during all relevant times, within the public domain.

FIFTEENTH AFFIRMATIVE DEFENSE (Lack of Standing)

50. As a further, separate and distinct Fifteenth Affirmative Defense
to the Complaint and each claim for relief alleged therein, Defendant
 alleges that Plaintiffs lack standing to sue Defendant for copyright
 infringement.

SIXTEENTH AFFIRMATIVE DEFENSE (Failure to Register Copyright)

51. As a further, separate and distinct Sixteenth Affirmative Defense
to the Complaint and each claim for relief alleged therein, Defendant
 alleges that Plaintiffs have failed to register the alleged
copyrighted materials and, therefore, are precluded from bringing a
claim for copyright infringement pursuant to 17 U.S.C. § 411.

SEVENTEENTH AFFIRMATIVE DEFENSE (Failure to Timely Register
Copyright)

52. As a further, separate and distinct Seventeenth Affirmative
Defense to the Complaint and each claim for relief alleged therein,
Defendant alleges that Plaintiffs have failed to timely register the
alleged copyrighted materials and, therefore, are precluded from
bringing a claim for statutory damages and attorneys’ fees pursuant
to 17 U.S.C. § 412.

EIGHTEENTH AFFIRMATIVE DEFENSE (No Damages)

53. As a further, separate and distinct Eighteenth Affirmative
Defense to the Complaint and each claim for relief alleged therein,
Defendant alleges that Plaintiffs have not incurred any damages.

NINETEENTH AFFIRMATIVE DEFENSE (Consent)

54. As a further, separate and distinct Nineteenth Affirmative
Defense to the Complaint and each claim for relief alleged therein,
Defendant alleges that one or more of the owners of the alleged
copyrighted materials have consented to its use by Defendant.

TWENTIETH AFFIRMATIVE DEFENSE (Waiver)

55. As a further, separate and distinct Twentieth Affirmative Defense
to the Complaint and each claim for relief alleged therein, Defendant
 alleges that the owners of the alleged copyrighted materials have
waived any right to bring any claim for infringement of the alleged
copyrighted materials.

PRAYER FOR RELIEF

WHEREFORE, Defendant prays for the following relief:

1. That Plaintiffs take nothing by their Complaint; 2. That Defendant
be dismissed from this action with prejudice; 3. For its costs of
suit incurred herein; 4. For its attorney fees incurred herein; and 5. For such other and further relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL

Pursuant to Federal Rule of Civil Procedure 38(b)(1), Defendant
demands trial by jury on all issues so triable.

It appears Captain Moglen didn't scare 'em out of the water after all.

Sincerely,
RJack :)


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