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Re: SFLC is SOL


From: RJack
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:14:55 -0000
User-agent: Thunderbird 2.0.0.24 (Windows/20100228)

Hyman Rosen wrote:
On 4/13/2010 10:25 AM, RJack wrote:
No Article III standing

<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=504&invol=555>


As the parties invoking federal jurisdiction, respondents bear the
burden of showing standing by establishing, inter alia, that they
have suffered an injury in fact, i.e., a concrete and particularized,
actual or imminent invasion of a legally protected interest.

<http://www.law.cornell.edu/uscode/uscode17/usc_sec_17_00000501----000-.html>


The legal or beneficial owner of an exclusive right under a copyright
is entitled, subject to the requirements of section 411, to institute
an action for any infringement of that particular right committed
while he or she is the owner of it.

Only anti-GPL cranks (or lawyers raising every possible defense) believe that straightforward copyright infringement will not have standing.

Only kooks like you believe that third party beneficiary contracts like
the GPL give rise to Article III standing to non-benefical parties.

Sincerely,
RJack :)


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