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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: Hyman Rosen
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:13:51 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 4/12/2010 11:53 AM, RJack wrote:
17 USC Sec. 506. Criminal offenses...
(e) False Representation. —

Fortunately, there is no false representation involved here.

"Perens claims that this lawsuit is being undertaken without his
consent, even though the version of BusyBox disputed in the lawsuit is
mostly his work - in other words, he holds the copyright.

Every person who has created a derivative version of BusyBox
holds the copyright to BusyBox. Erik Andersen's claim to be
the copyright owner of BusyBox does not affect Bruce Perens'
claim to be copyright owner. We also know from Gaiman v.
McFarlane that registering a copyright only indicates the
registrant's interest as copyright holder, and does not impugn
the rights of anyone else.

<http://en.wikisource.org/wiki/Gaiman_v._McFarlane>
    and anyway McFarlane’s registrations no more revealed an
    intent to claim copyright in Gaiman’s contributions, as
    distinct from McFarlane’s own contributions as compiler
    and illustrator, than the copyright notices did. The
    significance of registration is that it is a prerequisite
    to a suit to enforce a copyright.

It is not necessary to obtain the consent of all the copyright
holders in order to sue for copyright infringement.


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